HomeMy WebLinkAbout12/08/1975 Business Meeting OP)
DECEMBER 8, 1975
* See Page 38 for Study Session portion of the meeting.
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 Mayor Broad.
The minutes of the previous meeting of December 1, 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.
Mr. Ted Goodwin, Attorney representing Jack Rodriquez, Sr.,
spoke to the Council regarding the parade permit granted
by the Council last week in connection with memorial services
for Jack Rodriquez, Jr. to be held December 13, 1975 at 9:45 a.m.
Mr. Goodwin reported a subsequent change in parade plans
indicating that the WSU students participating in the parade
originally intended to begin the street march at St. Joseph
Church, but the Church was not notified and states they will
not be participating. It is now proposed that the procession
start on the sidewalk in front of St. Joseph's Church and
rather than ending at St. Joseph Church, the procession would
continue to Miller Park where the group will be permitted
to use the park for a religious ceremony. It was MOVED by
Jarms, seconded by Edmondson that the Council reconsider
the granting of a parade permit: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye
by voice vote. Those present and objecting to granting the
parade permit were Mrs. Ines Rice, Larry Robinson, and Edgar
Haynes, objecting on the basis of the extra policemen required
on overtime pay, feeling this would be an unnecessary expenditure
for this type of parade. Jack Rodriquez, Sr., being present,
reported that the parade would be strictly controlled within
the confines of the law. Also present and asking questions
was Pamela Hurd. Councilman Moore voiced his objection, noting
that it would produce an unnecessary interruption of traffic
and would occur too close to Christmas. He cited the necessity
for traffic being blocked off to allow for the large number
of students to march along the street route as outlined last
week, as well as the financial consideration involved. After
discussion, it was MOVED by Moore, seconded by Schussler
that the parade permit be denied: carried, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye by voice vote;
Broad voting nay by voice vote. It was noted that the students
will still be allowed to assemble in Miller Park. Councilman
Jarms indicated that he supported the Motion at this time, but
would encourage the applicant to resubmit his application
for a later date. Mayor Broad indicated that he could not
support the Motion because he could not see a great deal
of difference from the original proposal and felt the basic
consideration to be one of public assembly. Councilman Simmons
indicated his support of the Motion to deny because of the
traffic problems and possible safety problems involved.
Councilman Edmondson voiced her support of the Motion due
to the time of year and the requirement for a 14-day prior
notification. Mr. Goodwin emphasized that the Council should be
guided by the Ordinance governing the issuance of permits
as found under Section 9.50.810 of the Municipal Code. He
emphasized he had received assurances from participants that
it would be a peaceful march and felt specific guidelines
for denial should be written into the Ordinance. For the
Council's information, Mayor Broad noted the receipt of a
petition from approximately 55 persons in protest of the
parade scheduled for December 13, 1975.
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DECEMBER 8, 1975
City Manager McMicken read a letter received from Mr. Cecil
Warriner, of the Yakima Valley Chapter of Disabled Veterans,
asking that the Council grant Veterans' senior citizens status
on the City's transit system. He indicated that the number
obtaining that status would not be too large. Councilman Schussler
cited a problem with appropriately defining disability.for purposes.
of this request. It was MOVED by Brown, seconded by Edmondson
that this request be referred to the City Manager and Transit
staff for study and recommendation: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye by
voice vote.
City Manager McMicken requested approval of the final plans
and specifications for the Bicentennial Pavilion, noting the
request for a change order, as submitted by R.S. Cameron and
Company, Architect. He reported that the following plans have
been reviewed by the City departments and the staff supports
the proposals to date. Mr. Ron Cameron, Architect, being present,
reviewed the following proposed change order to the contract:
1. Storm drain system with catch basins be removed from
under building construction and put under Item 20
"Site Allowance", of the outlined specification
dated May, 1975. Site allowance will then be changed
from $85,000 to $80,000.
2. Provide rough-in plumbing for a full service kitchen
in lieu of catered kitchen originally proposed at
an additional $4,500.
3. Provide rough-in electrical for a full service
kitchen in lieu of catered kitchen originally
proposed at an additional $2,000.
4. Provide decorative trim and lighting over the
banquet exhibit area for an additional $11,400.
5. Provide a control booth and storage below the
booth for an additional $2,400.
The total Change Order proposal amounts to an additional $20,300.
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City Manager McMicken indicated that funding provided from
the Bicentennial Pavilion Contingency Fund. After due discussion, '
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/ it was MOVED by Brown, seconded by Schussler that the Council
approve final plans and specifications for the Bicentennial
! Pavilion: carried, Broad, Brown, Edmondson, Jarms, Moore and
' Schussler voting aye by voice vote. Simmons temporarily absent.
1 It was then MOVED by Schussler, seconded by Brown that the
Council approve the Change Order as presented, to be funded from
( the Bicentennial Pavilion Contingency Fund: carried, Broad,
I Brown, Edmondson, Jarms, Moore and Schussler voting aye by
i voice vote. Simmons temporarily absent. Also present and speak-
ing to this matter were Mr. Tom Bostic and Edgar Haynes.
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1 1 City Manager McMicken requested authorization to purchase property I/
1 for the Downtown Improvement Parking Lots in accordance with the
) map and listing of parcels and appraisals provided. It was
MOVED by Schussler, seconded by Edmondson that Resolution No.
1 D-3424, authorizing the purchase of said property, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and
Simmons voting aye on roll call.
: I RESOLUTION NO. D-3424, A RESOLUTION authorizing the purchase
by the City of Yakima of real property for downtown improvement
project parking lots.
DECEMBER 8, 1975
!City Manager McMicken reviewed the proposed insurance settlement
for the Capitol Theatre fire, explaining the City's option to
take partial settlement now with full settlement upon reconstruction
of the Theatre within 2 years. It was MOVED by Schussler,
I seconded by Simmons that the staff be authorized to proceed
with Alternate I of the settlement, to include partial settlement
now and the balance within two years upon rebuilding:
;carried, Broad, Brown, Schussler and Simmons voting aye
I by voice vote; Edmondson, Jarms, and Moore voting nay by
;voice vote. The Motion carried. Councilman Moore expressed
his feeling that the other Alternative presented a more feasible
settlement.
City Manager McMicken referred to a report from the Director
of Community Development regarding the Housing and Urban
Development Subsidized Housing under the Housing and Community
Development Act of 1974, Title II, Section 8. He indicated
that the grant implementation includes proposed construction .
or rehabilitation within the City of approximately 60 non-
elderly housing units and 55 units for the elderly, handicapped
or disabled. The City is asked to review the proposals
submitted by private developers for subsidized housing and
comment on their consistency with the City's Housing Assistance
Plan prepared under the Community Development Block Grant
Program. The staff finds that the proposals are consistent
with the City's Housing Plan. It was MOVED by Brown, seconded
by Edmondson that the Council note their review of the housing
proposals as submitted and that no objections are made on
the basis of compliance with the Housing Assistance Plan:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
Mr. George Cahoon, Co-owner of Magic Wheels Skate Center, spoke
to the Council regarding the skating rink license requirements
in reference to the new rink nearing completion at Lincoln
Center. He explained that in the process of trying to license
the rink they have run into some outdated licensing requirements.
City Manager McMicken indicated that staff reviewed the
proposed changes last week and propose to bring them back for
passage in Ordinance form. The skating rink regulatory license is
one in a list of several regulatory licenses to be repealed.
He cited the current ordinance requirements for hours of
operation and the presence of a police matron under the
regulatory license provisions. The hours specified are no
later than 10:30 p.m. on weekdays and no later than:12:00
midnight on Friday and Saturday. He asked that the hours
of operation and provisions for a police matron be repealed.
The current fee is $75 per license year.: Mr. Cahoon indicated
that in connection with special programs sponsored, the
rink may wish to stay open 24 hours or later than 10:30 P.M.;
however, plans include closing on week nights at 10:00
p.m. and 12:00 midnight on weekends. City Manager McMicken
noted the staff sees no reason to have the regulatory license
imposed; however, some control may still be desired by the
Police Department. Mr. Cahoon further spoke to the matter
of admission tax and being the only skating rink within
the City limits, feel they should be considered similar to
bowling alleys, and be exempt from the 2-1/2 percent tax
on every dollar. He indicated bookkeeping problems with
the admission tax since there will be several admission fees,
to include children's admission, adult admission, skate
rental and some free skating in connection with special
programs. Mr. Neal Buren also asked that the rink be considered
similar to bowling alleys in reference to the Admission Tax.
It was MOVED by Schussler, seconded by Simmons that this
matter be referred to the City staff for further study:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
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DECEMBER 8,.1975
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It was MOVED by Jarms, seconded by Moore that Resolution No.
LD-3425, authorizing payment of $21.07 to Richard L. Kent for
damages to his mailbox from a City refuse truck, be passed:
;carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
,
and Simmons voting aye on roll call.
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'RESOLUTION NO. D-3425, A RESOLUTION authorizing payment of
$21.07 to Richard L. Kent in settlement for a claim for damages
'filed with the City of Yakima.
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It was MOVED by Brown, seconded by Schussler that Resolution
No. D-3426, a Resolution of Intention to Create a Local Improvement
!District by construction of sewers in the Westwood West-Chestnut
'Avenue Sewer District and fixing January 5, 1976 as the date
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for Hearing, be passed: carried, Broad, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye on roll call.
!RESOLUTION NO. D-3426, A RESOLUTION of intention to create
i
ia Local Improvement District.
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Director of Public Works Dave Vargas reported to the Council
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,Iregarding recent flooding and efforts by crews to remove debris
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from the enclosure at the Water Treatment Plant. He reported
that there was a partial washout of a rip-rap armor along
the Sewage Treatment Plant dike which will need to be replaced
at approximately $50,000, which may be done with federal funds.
He further reported on the readiness of the downtown Sears
Parking indicating-that the contractor had overrun three
1days, and:this matter as being worked out with City forces.
Parking lot completion is anticipated by the end of this week.
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The Investment Report having been submitted for the month i
of November, 1975, it was MOVED by Schussler, seconded by
;Brown that the Report of the City Treasurer dated November
30, 1975 regarding the investments of the City of Yakima,
be accepted and approved: carried, Broad, Brown, Edmondson,
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'Jarms, Moore, Schussler and Simmons voting aye by voice vote.
,
, A report having been received from the City Engineer on the
Lcompletion of work and recommendation that said work be accepted
rand final payment made on LID No. 1005, 1975 Paving Improvements,
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it was MOVED by Schussler, seconded by Edmondson that the
;report of the City Engineer dated December 4, 1975 with respect
to the completion of the work on Public Works contract LID
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No. 1005, 1975 Paving Improvements be approved, the work be
accepted and the final estimate as therein set forth is hereby
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'authorized: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye by voice vote.
An Ordinance transferring $18,998.16 and appropriating $23,590
!within the Airport Improvement Fund for the Airport Parking
Lot Project, having been read by title only at the previous
i 'meeting and being again read by title only at this meeting,
it was MOVED by Brown, seconded by Jarms that Ordinance No.
11863, providing for said transfer and appropriation, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
l and Simmons voting aye on roll call.
'ORDINANCE ' NO. 1863, AN ORDINANCE transferring the amount of
1 ,
; 1 $18,998.16 from 199-Federal Shared Revenue Fund to 361-Airport ,
I lImprovement Fund; and appropriating $24,590 from unappropriated
in 361-Airport Improvement Fund to Account 546.25.65 as a
11975 appropriation for 361-Airport Improvement Fund.
1!in Ordinance transferring and appropriating $4,256.37 within
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the Trolley Fund for reimbursement to the Street Fund for
construction of a City Trolley Barn, 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 Schussler
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that Ordinance No. 1864, providing for said transfer and appropria-
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37
DECEMBER 8, 1975
, tion be passed: carried, Broad, Brown, Edmondson, Jarms,
Moore, Schussler and Simmons voting aye on roll call.
'ORDINANCE NO. 1864, AN ORDINANCE transferring the amount
lof $4,256.37 from 195-Contingency Fund to 362-Trolley Fund;
and appropriating the amount of $4,256.37 from unappropriated
;money in 362-Trolley Fund to Account 546.23.36 as a 1975
!appropriation for 362-Trolley Fund.
It was MOVED by Edmondson, seconded by Jarms that Ordinance
No. 1865, imposing annual utility taxes, be passed: carried,
iBroad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
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;voting aye on roll call. City Manager McMicken indicated
that the amount remains the same as last year.
'ORDINANCE NO. 1865, AN ORDINANCE relating to licenses and
!business regulations; fixing and imposing annual license
;fees or taxes on certain utilities and providing for a
'surcharge; saving certain taxes; amending Subsection 5.50.050
! (a) of the City of Yakima Municipal Code; and declaring
an emergency.
i Reports having been received from the Planning Commission
on the following:
a. Rezone application filed by Joe Hocker, requesting rezone
of property located at the northwest corner of 29th
Avenue and Nob Hill Boulevard;
b. Rezone application filed by Broadmoor Development, Company,
requesting rezone of property at 55 Washington Avenue;
c. Reconsideration of the rezone application by New Valley
Osteopathic Hospital, requesting rezone of property at
3003 Tieton Drive;
d. Cascade Vista/Summitivew annexations zone changes,
it was MOVED by Schussler, seconded by Moore that the rezone
'requests of Joe Hocker, Broadmoor Development Company and
:Cascade Vista/Summitview Annexation areas be set for Hearing
on January 5, 1976 and at the request of New Valley Osteopathic
Hospital, that their rezone request be scheduled for Hearing
on January 12, 1976: carried, Broad, Brown, Edmondson,
!Jams, Moore and Schussler voting aye by voice vote; Simmons
!voting any by voice vote.
;Petition No. 861, having been filed with the City Clerk
on December 3, 1975 by Mr. and Mrs. Preston Brown and Others,
!requesting annexation of properties south of Tieton Drive
from the YVT tracks west to 58th Avenue and south to Midvale
Road/Arlington Extended, it was MOVED by Schussler, seconded
'by Jarms that the petition for annexation filed by Mr.
and Mrs. Preston Brown and Others being Petition No. 861,
be approved as meeting the requirements of law; that said
!Petition be referred to the City Manager and Planning Commission
for study and recommendations; and that December 22, 1975
be set as the date for a public hearing by the City Council
I on this petition: carried, Broad, Brown, Edmondson, Jarms,
!Moore, Schussler and Simmons voting aye by voice vote.
'Petition No. 871, having been filed with the City Clerk
on November 26, 1975 by VA-ALTA, Inc. requesting vacation
of a certain portion of Yakima Avenue between N. 10th and
Illth Streets, it was MOVED by Schussler, seconded by Edmondson
that Resolution No. D-3427, fixing the time of hearing
for January 12, 1976, be passed: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye
an roll call.
1RESOLUTION NO. D-3427, A RESOLUTION fixing the time and
:place for hearing on a petition for vacation of a portion
of East Yakima Avenue.
•
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DECEMBER 8, 1975
Damage Claims having been filed with the City Clerk on November
28, 1975 by Kathleen Gallegos, 803 S. 7th Street in the amount
of $87.50 for injuries incurred by son Christopher Gallegos
at Washington Park Wading Pool and on December 3, 1975 by
Joseph Paradis, 1825 So. 1st Street in the amount of $99.55
for damages to property from a street sweeper, it was MOVED
by Schussler, seconded by Brown that said damage claims be
referred to the City Manager and staff for study and recommendation:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
There being no further business to come before the Council,
it was MOVED by Moore, seconded by Simmons that this meeting
be adjourned at 5:00 p.m., to Tuesday, December 9, 1975 at
the hour of 12:00 Noon to then meet in the Holiday Inn Restaurant:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
I I , ,
READ AND CERTIFIED ACCURATE BY rya% im...
I
■ .1 /
DATE V
so CILMAN
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A0,/ , ,,, DATEL2
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-
ACTING CITY CLERK MAYO
* STUDY SESSION:
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 Dr. Bill Simmons.
Councilman Brown stated his concern for "winterizing" the Capitol
Theatre and consideration of a new roof for the facility next Spring
and inquired as to whether Staff had conferred with the Architect.
City Manager McMicken responded that Mr. Paddock had been considering
this alternative, but was focusing on "winterizing"; a further report
will be forthcoming.
Regarding the 1976 Budget, the Council reviewed the proposed increases
in service charges and license fees. General discussion ensued with
the following charges and license fees approved: admission tax,
general business licenses, financial institutions, professional
and occupational, plumbing, mechanical and sign permits, animal
licenses ($6 each), impound penalties ($10), dog license penalties
($4 each), zoning and subdivision fees, photos (15 cents per page),
water-sewer rates (10 percent increase on consumption above 300
cubic feet per month), refuse rates, irrigation and water assess-
ments, park and recreation service fees and cemetery rates.
39
ADJOURNED REGULAR MEETING - TUESDAY, DECEMBER 9, 1975
The City Council met in session at 12:00 Noon on this date 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 Dr. Bill Simmons.
Councilman Schussler requested that the Council meet with the
Human Relations Commission to discuss the responsibilities of
the Commission as laid out by Ordinance and that Human Relations
Officer, Susan Boughton-Morin, be requested to attend as well.
Councilmen gave consideration to the proposed utility tax on
private refuse haulers (Eichler) proposed to be 5 percent
on gross income. Attorney Dick Wiehl, representing Eichler,
appeared to argue against the proposed tax, .asking that instead
some consideration be given to alternative arrangements whereby
1
the tax would be reduced and the current fee per truck ($100)
be either increased or decreased proportionately. Subsequent
to his remarks, the Council decided that the Eichler tax
should be 3 percent of gross income in 1976 and that the $100
per truck fee be removed. The City tax, presently 5 percent,
on the City refuse utility, would remain the same.
The Council next considered the proposed increases in amusement
regulatory fees and various amusement devices. Representing
the companies in this matter were Mr. Hart from Yakima
Amusement Company, Mr. Beck from Doughtery Amusement and Mr.
Mason from Central Washington Amusement Company. In discussing
these proposed increases, the amusement companies representatives
indicated that they were not necessarily opposed to the 10
percent increase, but were concerned about the entire licensing
structure, and their operations. They requested that the
Council give consideration to a master license to control
unfair competition in the industry. In considering these remarks,
the Council suggested that the amusement companies prepare a
proposed license outline. The proposal for the license structure
is to be worked out with the City Clerk's Office which would
provide for a master license. The Council concurred that a
10 percent increase in these regulatory fees should be authorized.
There being no further business to come before the Council, it
was MOVED by Schussler, seconded by Moore that this meeting be
adjourned at the hour of 4:00 P.M., to then meet in the
Conference Room at Yakima City Hall: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye by
voice vote.
READ AND CERTIFIED ACCURATE BY DATE / ,/e, 76",
COUNCILMAN
ATTEST:
COUNCILMAN
DATE I
CITY CL MAYOR
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