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HomeMy WebLinkAbout04/05/1976 Business Meeting 1159 APRIL 5, 1976 The 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 Jean R. Allard, Mayor Bett L. Edmondson, Ralph Holbrook, W. K. "Pete" Moore, Dr. Bill Simmons and Nadine Walker. Police Chief Jack LaRue gave a comprehensive summary of police practices concerning traffic violations. Specifically, the Chief described officer responsibilities in issuing correctional citations for defective equipment. In this regard, the Police are following state law which gives explicit directions to police officers in the instance where an offender refuses to comply with requirements to sign a citation and agree to replace or correct the defective condition cited. In the case of Mr. Pryor, the directives of state law were specifically observed and there was no infringement on personal rights or intent to harass. The Chief reported that this was the first instance in which a violator had refused to sign the citation and the officer did inquire with his sergeant as to the proper procedures to observe before making the arrest. The Chief also indicated that it was common practice for officers to receive special training in courtesy towards the public when issuing a citation. The Chief also responded to the recent editorial in the Herald-Republic describing another traffic violation and alleged police harassment against a Mrs. Parsley. In this matter, the Chief explained that the paper had failed to do its proper investigative research and had reported erroneous facts concerning the disposition of the citation. The Chief indicated that, in fact, two separate citations had been issued to Mrs. Parsley; - one being a violation for not possessing a motor vehicle license on her person, and a second being a violation for operating a vehicle without a valid operator's license. Again, the Chief indicated that proper police procedures were observed in line with state law requirements in such instances. As far as the City's obligation to explain the circumstances, the Chief's position was that inasmuch as Mrs. Parsley had retained legal counsel to represent her, it was the responsibility of her attorney to apprise her of the circumstances and law applicable in this case. City Attorney Fred Andrews also explained that his office had conducted a review of the situation and was satisfied with the manner in which the case was handled on the part of the City. In general, the Council was satisfied with the reports of the City Attorney, and Chief in both cases. The Council next met with representatives from the amusement device industry to discuss proposed revisions in amusement device legislation. Representing the membership in this capacity was Mr. Jim Hart of Yakima Music Company. After a general review of the matter, Council directed the staff to prepare draft legislation which would accomplish the goals of the industry; specifically, a change in the license year, a proration of license fees, a provision for a master license for operators, and a change in the license fee from $27.50 to $28.00 each for business operator. At 3:00 P.M., the Council members met in the Council Chambers for the balance of the meeting, Mayor Edmondson presiding, Councilmen Allard, Holbrook, Moore, Simmons and Walker, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Wonder being absent on roll call, 160 APRIL 5, 1976 it was MOVED by Moore, seconded by Walker that Councilman Wonder be excused from this meeting: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye by voice vote. The Invocation was given by Councilman Simmons. The Minutes of the previous meeting of March 29, 1976, having been read by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Edmondson declared said minutes approved with three corrections. This being the time set for a Hearing on Resolution of Intention No. D -3494, to create a Local Improvement District by the construc- tion of fire hydrants along West Nob Hill Boulevard, City Engineer Fritz Jaeger described the location of the L.I.D. along the south side of Nob Hill Boulevard between 23rd and 25th Avenues. He indicated this L.I.D. was initiated by the City Engineer's Office at the request of the Fire Department. No protests have been received. Mr. Jaeger explained the L.I.D. assessments are based on property area. He explained the nearest hydrants in the District area are roughly 700 feet away and to the north, approximately 300 feet away. Councilman Allard expressed concern for the possible removal of the hydrants should Nob Hill be widened in the vicinity of 23rd Avenue. Mr. Jaeger indicated easements could be provided. Also present and speaking to this matter was Fire Marshal Ed Lexa. After discussion, it was MOVED by Simmons, seconded by Walker that Ordinance No. 1930, creating L.I.D. No. 1008, West Nob Hill Boulevard Hydrant District, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll call. Wonder absent. ORDINANCE NO. 1930, AN ORDINANCE providing for the improvement of certain property by constructing the necessary fire hydrants, valve and other appurtenances for the purpose of supplying water for fire protection; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. This being the time set for a Hearing on an amendment to the City's Zoning Ordinance to add a new M -3, Airport Industrial Zone, Principal Planner Dick Hill reviewed the Planning Staff Report on this proposal dated February 11, 1976. He explained the proposed Ordinance replaces the existing M -3 Zone, and reviewed past action whereby the Planning Commission recommended the adoption of the M -3 Zone to the City Council after which an amendment was made to liberalize property uses, to allow for uses compatible with the overall Airport area. Over the past few months, there have been numerous inquiries to the Airport Manager re use of additional airport properties. An is again proposed to further expand uses and economic operations at the airport. The proposal has been reviewed by appropriate staff and the Planning Staff and Planning Commission recommend approval of the proposed ordinance. Mr. Hill cited some of the new language of the Ordinance included on Page 2, Paragraph 7 (Service and Instructional Uses) and under Section 12.48.040 (Development Standards), provisions for the submittal of a precise plan of design. In response to a question from Councilman Allard regard- ing control of property use by J. M. Perry Institute, Mr. Hill indicated it would be limited to industrial uses only. Airport Manager Jim Eakin also referred to a letter received from Central Steam, who wish to locate on Airport property. After due discussion, it was MOVED by Simmons, seconded by Moore that the proposed Ordinance accepting the recommendation of the Planning Commission and amending the current Zoning Ordinance, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll call. Wonder absent. Subsequent to this Motion, * it was MOVED by Holbrook, seconded by Simmons that the Council reconsider the proposed Ordinance: carried, Allard, Edmondson, Holbrook, Moore, and Simmons voting aye. Walker and Wonder absent. It was then MOVED by Holbrook, seconded by Allard *Subsequent Motions on this matter were made later in the meeting, at which time Nadine Walker was absent. 161 APRIL 5, 1976 that the proposed Ordinance re the M-3 Airport Industrial Zone be amended under Section 12.48.040 (page 2) Development Standards, to provide language which will leave the final authority for granting waivers to the City Council, rather than the Planning Commission and City Council: carried, Allard, Edmondson, Holbrook, Moore, and Simmons Voting aye. Walker and Wonder absent. It was explained that the proposed Ordinance will be redrafted in accordance with this amendment and brought back for adoption. Mr. Scott Wilson, Fanny Fitters, 806 West Nob Hill Boulevard, appeared before the Council to discuss the proposed removal of on-street parking along the south side of Nob Hill Boulevard in front of the Fanny Fitters Store. He explained Fanny Fitters has five to six on-street parking stalls in front of their business which the City intends to take away this year in the Nob Hill Boulevard restriping project. He objected to the City's removal of these spaces without com- pensation. Mr. Wilson referred to the court daze of Billington Builders versus the City regarding parking along Nob Hill and felt that the Billington case could not be used as a precedence, since Nob Hill traffic has increased approximately five times. Mr. Wilson explained that the parking problems are critical at his business location especially on Saturdays. He referred to an agreement made with the City in 1961 and the provisions of the original agreement for parking on the south side. He spoke to the City's plans for restriping Nob Hill Boulevard to provide two lanes in each direction and a left turn lane with no parking. Mr. Wilson asked that if parking spaces are removed, the City assist in replacing them and if necessary, pave appropriate stalls needed. City Manager McMicken also reviewed the City's plans for the restriping project. Councilman Allard felt that the property owners along Nob Hill Boulevard should be provided with the opportunity to speak to this matter and suggested that a public hearing be held. After due discussion, it was MOVED by Simmons, seconded by Allard that the Council hold a public hearing regarding the restriping of Nob Hill Boulevard from Rock Avenue to 16th Avenue: carried, Allard, Holbrook, Moore, Simmons and Walker voting aye by voice vote; Edmondson voting nay by voice vote. Wonder absent. It was subsequently MOVED by Simmons, seconded by Holbrook that April 19, 1976 be the date set for Hearing on this matter: carried, Allard,'Edmondson, Holbrook, Moore, Simmons'and Walker voting aye by voice vote. Wonder absent. Councilman Holbrook suggested that the City attempt to find out what can be'done to provide this business with five parking spaces. Mr. Jack Larson appeared before the Council to discuss the Sister City Program carried on between the City of Yakima and Itayanagi, Japan. He pointed out the benefits of the program to the community as a whole and encouraged the further participation by the City in the He indicated that until this time he has been heading up the program but suggested the appointment of a committee to carry out further plans for activities with Itayanagi especially during this Bicentennial year. He stated he would be happy to serve on such a committee. Councilman Simmons indicated his desire to see the City involved in'the program this year and asked that the Mayor look into the possibility of a Bicentennial Committee making recommendations to the Council as to what activities might be incorporated this year. Councilman Walker indicated her willingness to serve on a committee should one be appointed. After due discussion, it was the consensus of the Council that the Mayor be directed to find out what might be involved financially and required for participation by a committee to take charge of the Sister City Program. Mayor Edmondson indicated she would look into this matter. APRIL 5, 1976 City Manager McMicken briefly reviewed the response to a request by Mr. Ross Furlow for Sunday bus service, as outlined in the memo from Transit Manager Bob Knight dated March 26, 1976. Mr. Knight, being present, reviewed his memo, citing practices by ities of similar size and problems encountered locally with a lack of demand for this service and the expense involved. Mr. Knight indicated that he has not received many calls for this service and would not recommend extension of Sunday bus service. The Council was in general agreement with this report and asked that a letter be sent to Mr. Furlow informing him of the Council's response. Mayor Edmondson asked the Council's wishes regarding issuance of a statement on behalf of the Council re discourtesy by the news medial during Council meetings. It was the consensus of the Council that the Mayor bring this matter up at the next Council meeting. Principal Planner Dick Hill reported to the Council on a comparison! of County and City Zoning Ordinance provisions, explaining that the County is now in the process of holding hearings to amend their Zoning Ordinance. He explained they are maintaining existing provisions compatible with the City's Ordinance. The text of their ordinance will apply throughout the County; however, in updating their map, the County is only looking at the Yakima Urban Area. Mr. Hill reviewed some provisions ofthe County's Or- dinance, including some of the City's residential and commercial zones and changes re non conforming uses to add provisions similar to the City of Yakima. Further changes differing from the City include requirements for setbacks for buildings, and sign require- ments. They are incorporating some of the City's definitions. Mobile homes will be included in the single-family zone by right which meet home standards. Mr. Hill further spoke to County provisions for the granting of Special Use Permits, Lot Size requirements-in a residential zone, and density. He indicated their conditional use permit section would be different from the City's, along with their parking section, which will not include landscaping. Mr. Hill indicated most of these items will be reviewed by the Regional Planning Commission. The County is using existing land use for zoning designations. City Manager McMicken requested authorization to submit an appli- cation to the National Endowment for the Arts, for a .grant to finance the Yakima Center-Bicentennial Pavilion Art Works, explaining it is possible to receive a fifty percent.match of funds. The City has $12,500 set aside in the Bicentennial Pavilion Budget for the acquisition of art work and would now request a grant match. It was MOVED by Moore, seconded by Walker that Resolution No. D-3507, authorizing the submittal of said application to the National Endowment for the Arts, be passed: carried, Allard, Edmondson, Moore, Simmons, and Walker voting aye on roll call; Holbrook voting nay on roll call. Wonder absent. RESOLUTION NO. D-3507 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to apply to the National Endow- ment for the Arts for a grant of funds for "Yakima Center/Bicen- tennial Pavilion art works. City Manager McMicken explained a proposed change in the procedure for handling Damage Claims which are filed with the City, to include immediate referral of claims to the City Attorneys Office when received by the City Clerks Office. He explained that the Legal Department then has the appropriate department make a report on the circumstances surrounding the claim along with a study of appropriate laws and further investigation, as appropriate. The Legal Department could then make a decision as to whether the claims in question should be denied or approved and come back to the City Council with the claims and attached report re- commending disposition of the claim. He explained, for the Council's information, that claims over $250 are routinely referred to the City's Insurance Carrier. City Attorney Andrews explained I APRIL 5, 1976 that the claims sometimes go to more than one carrier depending on the type of incident involved. Councilman Simmons asked that the Council receive word as to the disposition of the claims. Fred Andrews indicated he would again attempt to receive word back from the insurance company regarding final disposition of claims that are referred to theTn. Mr. Andrews then proceeded to explain the circumstances surrounding the towing of various vehicles from the scene of the recent Donnelly Annex fire, which resulted in the following damage claims: a. X. A. Wickstrom, 901 S. 34th Avenue, in the amount of $28.58, for towing charges; b. Karol King, Rt. 2, Box 2141, Wapato, in the amount of $24.94, for towing charges; c. Albert H. Kennedy, Rt. 4, Box 4092, Wapato, in the amount of $15.75 for towing charges; d. Francisco Segura, 1302-1/2 South 16th Avenue, in the amount of $23.73 for towing charges and damages in the towing process; e. T. W. Copeland, 102 South 7th Avenue, in the amount of $146.38 for towing charges and damages incurred in the towing process; Mr. Andrews explained that an investigation disclosed that the parked cars were interferring with the operation of fire apparatus and in accordance with provision of the Fire Code, the Fire Department has the authority to order the removal of cars when it involves the protection of property or interference with fire fighting. Consequently, the City is not legally responsible for these claims and since a driveway was blocked, the cars were damaged while being removed via only route possible. It is the recommendation of the Legal Department that the claims should be denied. It was MOVED by Holbrook that the City not pay for the towing charge claims, but pay for vehicle damage. The Motion lost for want of a second. After discussion, it was MOVED by Walker, seconded by Moore that the Council deny the above five claims: carried, Edmondson, Holbrook, Moore, Simmons and Walker voting aye by voice vote; Allard voting nay by voice vote. Wonder absent. City Manager McMicken reported that bids were received and considered on April 1, 1976, for the CBD Parking Lots and Others Project, as follows: Superior Asphalt and Concrete Company $166,976.25 Yakima Asphalt Paving Company 175,618.38 City Manager McMicken explained the bids cover Lot No. 2 (Sears Lot), Lot No. 3 (Holtzinger Property), and Lot No. 4 (1st and "A" Streets). He indicated these lots will be rebuilt in accord- ance with the designs previously submitted. He further explained the lot at 2nd and "A" is still in the design stage and the property is not yet available. The bid also includes paving of the lot at Randall Park, located off of 48th Avenue. Bids were slightly above the Engineer's Estimate, but favorable in terms of the estimated budget for the parking lot development to be paid by property assessments. The bid does not include the Donnelly Annex property. City Engineer Fritz Jaeger spoke to the construction schedule, to begin in 2 weeks and hopefully be completed within two and a half months. The Director of Public Works recommending that the bid be awarded to Superior Asphalt and Concrete Company, who submitted the lowest and best bid, it was MOVED by Moore, seconded by Walker that the City accept the bid of Superior Asphalt and Concrete Company in the amount of $166,976.25 and that the City Manager be authorized to enter into contract with said contractor upon the filing of the proper bond and insurance: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye by voice vote. Wonder absent. 164 APRIL 5, 1976 City Manager McMicken discussed the request of Mr. Grover Brown, for use of space in the Larson Garage for his shoe repair business. He explained the City now owns the Larson Garage. The proposed lease is for use of 468 square feet at a rental rate of $120 per month to consist of a three-year lease with a three-year automatic renewal. The City has offered for Mr. Brown to lease the space on a short-term basis; however, he is interested in a long- term leae. Mr. McMicken noted that the building may heed to be inspected and brought up to Building Code requirements. Council- , man Allard asked that the City make arrangements with Mr. Brown as soon as possible. City Manager McMicken indicated he-mould give a status report on this matter in a few weeks. City Manager McMicken reviewed the request for outside utility service for property owned by Mr. and Mrs. E. S. Golphenee = at 2209 Englewood Avenue, explaining that they have requested domestic water service for a single-family residence at that address. An 8" water line is readily accessible to serve the property at a connection charge of $290.76 and they have agreed to annex when feasible. Their property is contiguous to the City limits. Mr. McMicken reviewed a second request for outside utility service for property owned by Mr. and Mrs. Mike A. Polo at 3401 Roosevelt, requesting sewer service to a single- family residence at that address. An 8" sewer line in Roosevelt Avenue is readily accessible to the applicant at a connection charge of $1,071.49. The property is not contiguous to the City limits, but the applicants have agreed to annex when feasible. It was MOVED by Simmons, seconded by Walker that the requests for Outside Utility Service by Mr. and Mrs. E. S. Golphenee and Mr. and Mrs. Mike A. Polo, be granted: carried, Allard, Edmondson,' Holbrook, Moore, Simmons, and Walker voting aye by voice vote. Wonder absent. A Report having been received from the City Engineer on the completion of work and recommendation that said work be accepted and final payment be made on the Pearson-Westway Drainage Project-Schedule I, it was MOVED by Simmons, seconded by Moore that the Report of the City. Engineer dated April 2, 1976, with respect to the completion of ; the work on Public Works contract Pearson-WestWay Drainage' I, be approved, the work be accepted and payment of estimate as therein set forth is hereby authorizea: carried, Allard, Edmondson, Holbrook, Moore, - Simmons and Walker voting a'ye'-by vice vote. Wonder absent. An Ordinance transferring $20,000 from Federal Revenue Sharing Fund to Governmental Fund and appropriating that amount to Yakima County for District Court Probation Services, having been read by title only at the previous meeting and being again read by title only at this meeting, it was MOVED by Allard, seconded by Simmons that Ordinance No. 1931, providing for said transfer and appropriation, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll call. Wonder absent. ORDINANCE NO. 1931, AN ORDINANCE transferring the amount of $20,000 from 199-Federal Shared Revenue Fund to 000-General Fund and appropriating that amount to Account 011.512.00.51 as a 1976 appropriation for 000-General Fund. An Ordinance appropriating $348,000 in the Arterial Street Fund to finance improvements to South 1st Street, Mead Avenue to Wash- ington Avenue, being read by title only at •this meeting, was laid on the table for one week or until April 12, 1976. An Ordinance appropriating the amount of $45,000 in the City Shops Fund to make final payment on a retained percentage withheld on a construction project, being read by title only at this meeting, was laid on the table for one week or until April ' 12, 1976. 165 APRIL 5, 1976 City Manager McMicken explained the proposed Ordinance amending the City's Municipal Code provision relating to auction sales, in order to exempt KYVE-TV, an Educational Television Station. He indicated this is in accordance with the eariler letter received from KYVE-TV, in reference to their auction to begin April 30 for 1U days. It was MOVED by Moore, seconded by Walker that Ordinance No. 1932, providing for said amendment to exempt KYVE-TV from the auction license, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll-call. Wonder absent. ORDINANCE NO. 1932, AN ORDINANCE relating to licenses and business regulation; amending Section 5.14.180 of the City of Yakima Municipal Code exempting certain auction sales from requirements of Chapter 5.14, "Auction Sales", of the City of Yakima Municipal Code; and declaring an emergency. It was MOVED by Moore, seconded by Simmons that Ordinance No. 1933, fixing the time of delinquency and providing for the issuance of bonds for the payment of the unpaid portion of L.I.D. No. 1005, 1975 Street Paving Project, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll call. Wonder absent. ORDINANCE NO. 1933, 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. 1005, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. City Manager McMicken explained the proposed Ordinance re licenses and business regulations as it relates to collection of an admission tax. He indicated the proposed change came = about through the opening oftthe new "Magic Wheels" skating 1 rink last year. TherecomMended change is made upon the legal advise that bowling alleys and skating rinks should have uniform treatment re amusement tax collection. An admission tax is no longer required from Bowling Lanes. The proposed Ordinance will exempt skating rinks, billiard parlors and bowling alleys from the admission tax. It was MOVED by Holbrook,:seconded by Moore that Ordinance No. 1934, providing for these:: exemptions from the admission tax, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye on roll call. Wonder absent. ORDINANCE NO. 1934, AN ORDINANCE relating to licensing and business regulations; providing for the collection of an admission tax, defining terms, and specifying the amount of tax; amending n - Sections 5.04.010 and 5.04.020, and repealing Sections 5.04.030, 5.04.040, and 5.04.050 of the City of Yakima Municipal Code. Councilman Nadine Walker absent after 5:45 P.M. 'City Manager McMicken discussed the letter received from Associated Realtors dated March 29, 1976, requesting the declaring as surplus and sale of City owned property previously purchased for fire training purposes along North 10th Street. Associated Realtors are considering the property as a potential site for a multi-family deveiopment. City Manager McMicken indicated that the property was purchased through a fire levy for $15,000 and the City has put in,$8,000 in improvements to be used for a fire training center. The Fire Department no longer needs this property for a fire training site. Inquiries into the possibility of leasing or selling the land- disclose the land might sell for $40,000. Mr. McMicken described the surrounding land use, indica- ting Associated Realtors' plan is consistent with the City's long range plan for retaining housing in this area. After due discussion, it was MOVED by Moore, seconded by Holbrook that the request from Associated Realtors regarding this property be referred to the City Manager and staff for further recommenda- tion: carried, Allard, Edmondson, Holbrook, 1 03 APRIL 5, 1976 - APRIL 8, 1976 Moore, and Simmons voting aye by voice vote. Walker and Wonder absent. It was MOVED by Holbrook, seconded by Simmons that the City Council adopt the Yakima City Council Policy Statement regarding Courtesy in City Government dated April 1, 1976: carried, Allard, Edmondson, Holbrook, Moore, and Simmons voting aye by voice vote. Walker and Wonder absent. The Council announced the following appointments to the Provisional Planning Commission: Debra Patterson, Champ Sanford, Bruce Simpson, Mary Warnick and Don Hinman. Councilman Holbrook asked that some response be made to the letter received from the Yakima Apartment Owners Association, included in the Councilmen's Study Session materials. City Manager McMicken indicated Staff would respond to that letter. City Manager McMicken requested that the Council meet in Executive Session to consider two more properties to be acquired for the Bi- centennial Pavilion Parking Lot at the Council's convenience. There being no further business to come before the Council, it was MOVED by Holbrook, seconded by Moore that this meeting be adjourned at 6:30 P.M. to Thursday, April 8, 1976, at the hour of 12:00 Noon to then meet in the Holiday Inn Restaurant: carried, Allard, Edmondson, Holbrook, Moore, and Simmons voting aye by voice vote. Walker and Wonder absent. READ AND CERTIFIED ACCURATE BY ) ,/ / ) , 1_-../., - , __164,tDATE -/ • COU ILMAN v _ 1 (4 k U. NIA DATE / 4" 2 1,6 COU I LMAN ATTEST: ■ 1 oeltdi,30774.0t) CITY C RK / MAYOR ADJOURNED REGULAR MEETING - THURSDAY, APRIL 8, 1976 • The City Council met in session on this date at 12:00 Noon in the Holiday Inn Restaurant, Yakima, Washington. Councilmen present at the meeting were Jean R. Allard, Mayor Betty L. Edmondson, Ralph Holbrook, W. K. "Pete" Moore, Dr. Bill Simmons, and Nadine Walker. Councilman Wonder absent. Council members held general discussion re various items of interest on City matters. No formal action was taken at this meeting. There being no further business to come before the Council, it was MOVED by Allard, seconded by Holbrook that we do now adjourn at the hour of 1:30 P.M.: carried, Allard, Edmondson, Holbrook, Moore, Simmons and Walker voting aye by voice v Wonder absent. k' READ AND CERTIFIED ACCURATE BY t , flfv--/v> DATE Lviel? couNCILmA DATE --- ' 'COUNCILMAN ATTEST: a'10771,11077 CI Y ERK MAYOR