HomeMy WebLinkAbout05/24/1976 Business Meeting 21
MAY 24, 1976
l RooantcilmetInt City in di e g on thl is mall att included Mayor was
the
!Corene m at Hall. Mmbers .present May
!Betty Edmondson, Pete Moore, Ralph Holbrook, Jean Allard,
!Gordon Wonder and Nadine Walker.
The Mayor asked Council members to consider possible endorsement
of a resolution pertaining to a ballot proposition this coming
1\lovember with respect to convening a constitutional convention
for the purpose of rewriting the State of Washington's Constitution.
:City Manager McMicken and Clerk Pat Brady reviewed the activities
Iplanned for City Hall week and the Americana Festival -- a Bicenten-
I/ 'asked as to what participation they would like to have for them-
;selves. The general concensus was that Council members should be
;scheduled at various times and to be available for commenting on
'City programs. Additionally, there was some thinking that a
; formal discussion on Council issues might be appropriate. City
;Manager McMicken also suggested that members of the City Council
;might wish to be involved in a tour of City facilities, or as a
;guide on the City bus tour. The Council was advised that the
cost for the City for wide bus tour, with drivers working overtime
!six hours a day, five days of the week, would amount to $900.00.
The program is voluntary otherwise, inasmuch as other City
employees are donating their time to this effort. After further
consideration it was MOVED by Ralph Holbrook, seconded by Jean
;Allard that the City Hall program activities be approved and the
$900.00 be authorized from Contingency Reserves for the costs of
the bus tour. Motion approved unanimously.
Council next turned its attention to a report from the Committee
on the Capital Theatre. Nadine Walker reported that a proposed
!Agreement of Intent had been prepared between the City of Yakima
and the Capital Theatre Trust Fund for the purpose of establishing
!certain responsibilities in the repairing and replacing of the
:Capital Theatre. The matter was open for discussion and copy of
the agreement was reviewed.
In considering the proposed agreement Councilman Allard inquired
whether the agreement would limit the use of the room tax for a
itheatre in the future. In response the City Manager indicated
that the first agreement with the Capital Theatre Committee was
on a interim basis and was never been put into lease form.
Secondly, after the fire, another agreement with the Capital
iTheatre Committee was entered into and a report filed January 26,
!which suggested that a preliminary design and construction es-
!
Itimate be prepared for the Theatre. This was agreed to by the
Council and a report was subsequently filed in April with the
City Council by architect, Bill Paddock. Meanwhile, the Capital
Theatre Committee continues in its desire to be the operator of
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the Theatre.The Manager indicated that little room tax funds
i remainavailable which could be allocated for financing the
!Capitol Theatre. Consequently this could not be a financial
'solution to the Theatre. However, as the room tax grows over
the years, Prospects of use might be broadened within the law
!regarding the use of these funds for the Theatre financing. Not-
withstanding this, however, there are some possible committments
on the room tax for use in connection with improvements of the
pavilion which would limit their use for other purposes.
'Reflecting on this, Councilman Allard asked if we could declare
the Theatre to be part of the Bicentennial Pavilion to assure the
! right to use room tax for this purpose. The Manager replied that
the question is quite complex and would need analysis and would
require some reorganization of the Capitol Theatre Committee and
Bicentennial Pavilion Advisory Board.
MAY 24, 1976
Councilman Holbrook expressed support for the agreement with the
exception of paragraph five which indicated that the City would
enter into an operational agreement which must be approved by the
trust with the Capitol Theatre Committee. Councilman Holbrook
recommended deletion of the language relating to approval by the
trust, inasmuch as it gives the impression that the City is
abdicating control over the Theatre. Commenting on this, Walter
Lewis indicated that he could not change that requirement within
the content of the Trust document; however, the agreement was
flexible.
Councilman Moore inquired about the suitability of the operational
agreement for another few years. City Attorney Fred Andrews
observed that the trust management will constitute a legal document
that relates to the Theatre provided the trustees are satisfied
with the agreement between the City and the non - profit authority.
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The present agreement proposed specifies that the Capitol Theatre
Committee Trust reserves the right to approve conditions of the
agreement. After further discussion, it was the consensus of the
Council that the agreement should be entered into as written with
the deletion of the language relating to the contract of intent
being approved by the Trust.
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219
MAY 24, 1976
At 3:00 P.M., the Council members moved into the Council Chambers
for the balance of the meeting, Mayor Edmondson presiding,
:Councilmen Allard, Holbrook, Moore, Walker and Wonder, City
;Manager McMicken and City Attorney Andrews present on roll
icall. Councilman Sinunons absent on roll call, having been
excused at a previous meeting.
The Invocation was given by Councilman Moore.
The Minutes of the previous meeting of May 17, 1976, having
been duly certified accurate by two Councilmen and no one present
;wishing to have said Minutes read publicly, Mayor Edmondson
declared said Minutes approved as recorded.
1Mayor Edmondson asked if there were any additions or deletions
from the Consent Agenda, either from Council member or citizen.
No one present wishing to change the Consent Agenda, City
;Attorney Andrews read the Consent Agenda items, including
Resolutions and Ordinances by title. It was MOVED by Holbrook,
:seconded by Wonder that the Consent Agenda items, as read, be
passed: carried, Allard, Edmondson, Holbrook, Moore, Walker and
'Wonder voting aye by voice vote. Simmons absent. (Paragraphs
i preceeded by an* (asterisk) indicate items on the Consent Agenda,
!handled under one Motion, without further discussion.)
Mayor Edmondson read a Resolution of Appreciation for services
,performed by W. C. Britt, Chairman, Board of Adjustment. It
was MOVED by Walker, seconded by Holbrook that Resolution No.
D-3522, expressing appreciation for the services of W. C. Britt,
be passed: carried, Allard, Edmondson, Holbrook, Moore, Walker
and Wonder voting aye on roll call. Simmons absent.
'RESOLUTION NO. D-3522, A RESOLUTION of Appreciation for services
'perfromed by W. C. Britt.
This being the time set for a Hearing on the Summitview-Lincoln
Avenue Connection via Pierce Avenue and North 7th Avenue and
the entire Lincoln Avenue-"B" Street Couplet System, Councilmen
; directed questions to Traffic Engineer Bill Stark regarding his
!Memorandum on this matter dated May 21, 1976, the report from
the Planning Commission dated May 18, 1976, and the results
of the Pierce Avenue postcard survey dated May 24, 1976. Councilman
; Moore questioned the reference in Mr. Stark's report of May
21, to the staff's finding that the traffic weave pattern utilizing
'6th Avenue be shorter than the one and one-half block
!weave section on Pierce Avenue. Mr. Moore also questioned
the City's chances of loosing the cost of the Pierce Avenue
Project (approximately $33,600) if the one-way street pattern
is changed before the project is audited. Councilman Moore
,indicated that at the outset, he did not approve of the Pierce
!Avenue Connection and indicated he was earlier under the impression
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the cost would be approximately $15,000 for the dividers.
Traffic Engineer Bill Stark explained it was approximately
two years before actual construction was begun on the project
and, therefore, the cost was so much higher due to inflation.
In answer to further questions from Councilman Holbrook, Mr.
:Stark explained that should the City decide to revert back
to the two-way street system, it stands a good chance of losing
;the one-half cent gas tax monies on this project. Mr. Stark
;next proceeded to review with the Council the results of the
'postcard survey conducted on Pierce Avenue between Lincoln
and Summitview and on Lincoln Avenue between 6th Avenue and
'Pierce Avenue. As outlined in his report, Mr. Stark indicated
that 4,930 cards were distributed of which 2,426 (49 percent)
were returned as of 10:30 A.M., this date. Mr. Stark indicated
that the survey was conducted between.7:00 A.M. and 9:30 A.M.,
112:00 and 1:30 P.M. and 3:30 P.M. to 6:00 P.M. He reviewed
with the Council the results of the survey, as outlined in
his report dated May 24, 1976, the results of which indicated
that a majority favored retaining the present Pierce Avenue
route. Councilman Holbrook questioned the feasibility of also
'surveying motorists along other arterials of the City rather
220
MAY 24, 1976
'than just those driving the Pierce route. Staff felt this would
not be feasible. Reference was made to the petition submitted
before this Council meeting and filed with the City Clerk by citizens
;opposed to the traffic divider and one-way street on West Lincoln
land Pierce Avenue, Pierce Avenue and 7th Avenue, and West "B" Street,
containing approximately 563 signatures. Present and speaking
in opposition to the present traffic pattern was Mr. Oscar Burton,
1113 Folsom Avenue. Mr. Burton spoke to the difficulty encountered
;proceeding west on Lincoln when attempting to make a left turn
lonto Pierce, especially difficult when driving a truck once the
'diverter has been entered. He indicated that it is also difficult
to see traffic on the right hand side. He indicated he has observed
itrucks who have backed up Folsom or who have gone across the divider
in order to make the turn. He also indicated it is highly difficult
to make a left hand turn off of Pierce onto Summitview. Director
lof Public Works Dave Vargas explained that the Pierce connection
was one of many alternatives considered and felt to be the least
expensive interim solution. Mr. Vargas felt there was adequate
; traffic circulation provided in the area and also a sufficient
;outlet for Folsom Avenue. Councilman Moore contended that the
; previous Council did not approve the Pierce Avenue couplet in final
i design, but rather as a temporary interim measure. Also present
and speaking in opposition to the project was Mr. Carl Rizzo, 609
,West Lincoln Avenue. He asked that the Council consider facts
of safety and the amount of accidents which have occurred (contained
in the report of the Traffic Engineer) since installation. He
indicated that in order to make the Pierce Avenue turn, trucks
must occupy both lanes and felt it has also created a pedestrian
,safety hazard. He indicated there has been a considerable jump
in the number of accidents since the diverters were installed.
1Mr. Francis Palmer, 707 North Front Street, indicated he owns property
on the corner of 7th and "B", expressed concern for access by Fire
!Department equipment in the area. He also opposed the height of
the diverters, which damages cars when stricken. Mr. Ralph Bowles, ,
'Toppenish, objected to the present traffic flow, asking that the
'Lincoln and "B" couplet be returned to a two-way street between
; Pierce and 5th Avenue. He explained that the Shell service station
at 5th and Lincoln has experienced a reduction of 15-20 percent
in business since the installation of the diverter. Mary Ann Palmer;
,115 North 7th Avenue, spoke in opposition, citing the 110 degree
turn onto "B" from Pierce Avenue. She cited this as a dangerous
,corner and spoke of recent traffic accidents which have occured
at that location. It was also indicated that the Deb's Plant Shop
;near 6th and Lincoln will lose business if the couplet is not removed
and that the business has now been cut by 50 percent. Mrs. Palmer
was in favor of a one-way extension to 5th Avenue. No one present
;spoke in favor of the Pierce Avenue connection. Mr. Moore also
'felt that rubber padding as described in Mr. Stark's report for
the 6th Avenue route would not be necessary, since other major
! !arterials such as Nob Hill and Tieton have tracks without rubber
;padding. He also indicated that it would not necessarily conflict
with the 3rd-5th Avenue couplet, since that has not yet been approved.
;Councilman Moore further stated that he did not feel the one-way
'streets were that important in a town the size of Yakima and expressed
' ;concern re access for Fire Department equipment. He felt traffic
' !could be moved just as fast on a two-way street with proper lighting
and timed signalization. He asked that the Council take a good
'look at what they may be doing to residents and businesses located
in that area and expressed a desire to see the couplet changed.
;Councilman Wonder was in agreement with Mr. Moore and indicated
that he felt property owners were being hurt in this area, asking
that the City again look at changing the couplet to a two-way system.
;Councilman Allard was in concurrence, although he stated he favored
the one-way couplet, but was not in agreement with the diverters.
Mayor Edmondson indicated that she felt it was necessary to have
lone-way streets to adequately carry the traffic; - however, she felt
the couplet at Lincoln and Pierce creates a hazard for persons going,
!west turning onto Pierce Avenue. She favored keeping the "B" and
;Lincoln couplet with some modification to help traffic and businesses.
'After due discussion, it was MOVED by Allard, seconded by Walker
that the Council defer action on this matter for one week to allow
;further study and consideration of alternatives: carried, Allard,
b
221
MAY 24, 1976
Edmondson, Holbrook, Moore, Walker and Wonder voting aye by
voice vote. Simmons absent.
The Mayor asked for a report from the Council Committee regarding
the Capitol Theatre financing. The Committee includes Nadine
Walker, Councilman Moore and Wonder. Chairman Nadine Walker
reported that the Council Committee met as a group and also with
the Capitol Theatre Committee and have arrived upon an Agreement
of Intent. She indicated some changes in the dates and wording
of the agreement of intent to be inserted. By way of additional
information, she indicated the Committee met with the County
Commissioners and they had indicated they were in favor of the
rebuilding of the Capitol Theatre contingent upon receipt of
I/ Federal Revenue Sharing monies. The Council Committee is committed
to the $600,000 match for the $600,000 being raised by the Capitol
Theatre Trust Fund group of citizens and the $1,000 of insurance
money available. After due discussion, it was MOVED by Walker,
seconded by Wonder that Resolution No. D -3523, authorizing said
agreement with the Capitol Theatre Trust Fund, be passed:
Edmondson, Holbrook, Moore, Walker and Wonder voting aye on roll
call. Allard voting nay by voice vote. Simmons absent.
RESOLUTION NO. D -3523, A RESOLUTION authorizing the Mayor of the
City of Yakima to execute an agreement with Capitol Theatre Trust
Fund declaring the intent of the Yakima City Council concerning
reconstruction, financing and operation of the Capitol Theatre.
City Manager McMicken gave a review of proposed property acquisition
for expansion of the Senior Citizens Center, explaining the City
wished to acquire the Ralph Deymonaz property located at 604 -
604 -1/2 North 4th Street to allow for expansion of the Senior
Citizens Center. Mr. McMicken referred to the request of Attorney
Bill McArdle representing the property owner, dated April 30,
1976. Attorney Bill McArdle, representing Mr. and Mrs. Ralph
Deymonaz, being present, explained that the owners have been
at that residence for approximately 40 years and urged the Council
to drop the proposed plans for expansion. The Deymonaz' do not
feel the appraised value amount offered i$ adequate compensation.
He spoke to the possibility of utilizing the lot directly across
the alley fronting on "G" Street, indicating that might cost
less. It was noted that the property owner has gone to considerable
effort to bring his property up to code requirements. City Manager
McMicken asked that the Council decide if the program for expanding
the center is in order and if so, move ahead with acquisition.
The Director of Community Development, Fred Stouder, spoke to
the three appraisals which have been done on the property, ex-
plaining that approval was given by the Council for expansion to
be part of the first year Community Development Program, indicating
that he feels an impasse has now been reached. City Manager
McMicken spoke to the possibility of going across the alley west
for additional property. Councilman Allard questioned the possibil-
ity of going south into the park for expansion. It was noted
this would involve the tennis court area. Mr. Harold Smith,
Senior Citizen Center President, spoke to this matter indicating
that money has been appropriated for the expansion, explaining
that money is available for clinic waiting room equipment and
pool tables, but need space in which to place the equipment.
Also present and speaking to this matter was Mr. George Stafford.
After due discussion, it was MOVED by Moore, seconded by Holbrook
that the Council refer this matter to the City Manager for a
feasibility study of acquisition of property to the south and
report back as soon as possible: carried, Allard, Edmondson,
Holbrook, Moore, Walker and Wonder voting aye by voice vote.
Simmons absent.
*It was MOVED by Holbrook, seconded by Wonder that Resolution
No. D -3524, a Resolution of Intention to create a Local Improve-
ment District - Freeway Properties, Inc. for water, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder
voting aye on roll call. Simmons absent.
222
MAY 24, 1976
RESOLTUION NO. D-3524, A RESOLUTION of intention to create a Local
Improvement District.
City Manager McMicken explained the proposed Resolution author-
izing an agreement with the State of Washington, Department of
Ecology for a grant for the Wastewater Treatment Facility, ex-
plaining this covers Phase II of the Wastewater Program. The
City will accept a State Grant offer in the amount of $106,545,
which is 15 percent of the total cost for the facilities design.
The local funding is budgeted. It was MOVED by Holbrook, seconded
by Moore that Resolution No. D-3525, authorizing the execution
of said agreement, be passed: carried, Allard, Edmondson, Holbrook,
Moore, Walker and Wonder voting aye on roll call. Simmons absent.
RESOLUTION NO. D-3525, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of to execute
an agreement accepting an offer from the State of Washington,
Department of Ecology, for a grant of funds to aid construction
of wastewater treatment facilities.
' City Manager McMicken requested authorization to execute an agreement
to participate in a Princeton University Work-Study Program,
explaining this involves summer employment for a student, in
this case with the City's Park Department. Under terms of the
contract, the City provides 30 percent and 70 percent is under
the Federal Program. Cost to the Parks Department will be $384.
' It was MOVED by Holbrook, seconded by Wonder that Resolution
' No. D-3526, authorizing the execution of said agreement, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder
voting aye on roll call. Simmons absent.
f RESOLUTION NO. D-3526, A RESOLUTION authorizing the City Manager-
, and City Clerk of the City of Yakima to execute an agreement
to participate in a Princeton University Work-Study Program.
*It was MOVED by Holbrook, seconded by Wonder that Resolution
No. D-3537, approving construction by Synder's Bakery, Inc.,
of a building within a'City public utility easement, be passed:
carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder
voting aye on roll call. Simmons absent.
RESOLUTION NO. D-3527, A RESOLUTION approving construction by
Snyder's Bakery, Inc. of a building within a City public utility
easement.
*It was MOVED by Holbrook, seconded by Wonder that Resolution
No. D-3528, authorizing payment of $57.78 to Edith L. Parent,
for damages from a City sewer backup, be passed: carried,
Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder
voting aye on roll call. Simmons absent.
RESOLUTION NO. D-3528, A RESOLUTION authorizing the payment of
$57.78 to Edith L. Parent in settlement of a claim for damages
filed with the City of Yakima on May 10, 1976.
*City Manager Report No. 272 re Police Strength.
*It was MOVED by Holbrook, seconded by Wonder that Resolution
No. D-3529, a Resolution of Intention to annex 17 acres of City-
' owned, unimproved property located north of the airport on Mead
Avenue and knownas Chesterley Park, be passed: carried, Allard,
Edmondson, Holbrook, Moore, Walker and Wonder voting aye on roll
call. Simmons absent.
RESOLUTION NO. D-3529, A RESOLUTION declaring the intention of
the Yakima City Council to annex to the City real property, known
as the John F. Chesterley Park for municipal park purposes.
*It was MOVED by Holbrook, seconded by Wonder that the Outside
Utility Request for sewer service to property owned by Bill Frank,
Jr., at 908 North 21st Avenue, be granted: carried, Allard, Edmon-
son, Moore, Walker and Wonder voting aye on roll call. Simmons
22
MAY 24, 1976
absent.
It was MOVED by Holbrook, seconded by Wonder that the Outside
Utility Request for water service to property owned by Gene
Smith at 1206 North 22nd Avenue, be granted: carried, Allard,
Edmondson, Holbrook, Moore, Walker and Wonder voting aye on
roll call. Simmons absent.
An Ordinance transferring and appropriating $35,500 within the
Sewer Construction Fund to pay for installation of the South
1st Street Sewer, 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 Walker that Ordinance No. 1955,
providing for said transfer and appropriation, be passed: carried,
Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting aye
on roll call. Simmons absent. City Manager McMicken explained that
this project was budgeted in 1975 but work was completed late in
the year so that the final assessment and financing costs have carriec
into 1976.
ORDINANCE NO. 1955, AN ORDINANCE transferring the amount of $35,500
from 473-Water-Sewer Fund to 476-Sewer Construction Fund, and
appropriating that amount to Account 476.534.40.63 as a 1976
appropriation for 476-Sewer Construction Fund.
An Ordinance appropriating $552,415 to various accounts within
123-Community Development Fund, having been read by title only
at this meeting, was laid on the table for one week or until
June 1, 1976. City Manager McMicken explained that this is
necessary for the second year Community Development Program
to include street lights, Senior Citizens Center, rehabilitation
grants, public services, administration and contingency.
*Reports having been received from the Planning Commission
on the following:
a. Planned Development Request filed by C. D. Brandt for
property at South 40th Avenue and Nob Hill Boulevard;
b. Planned Development Request filed by Cascade Brokers for
property along the south side of Lincoln Avenue between
17th and 18th Avenues;
c. Six Year Arterial Construction Program,
it was MOVED by Holbrook, seconded by Wonder that June 21,
1976, be the date set for hearings on these requests: carried,
Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting
aye on roll call. Sinunons absent.
Mr. Allan Holvorson, United Community Action, appeared before
the Council to discuss contributions to his organization. He
indicated that the required contribution to federal programs
during the past few years has increased with a 20 percent Federal
Agency requirement for 1975-76 or $49,000. He indicated that
the non-federal cost has risen to 30 percent or $85,000. He
requested that the City consider a $25,000 non-federal contribution
to the program, (a similar request to County Commissioners for
$51,000) but explained that it is also possible for cities
to declare a hardship, in which case United Community Action
would ask for a waiver of the non-federal cost requirements
which would reinstate 20 percent or $49,000 for the fiscal
year. He indicated that United Community Action drafted a
letter for signature by the Mayor if the Council is in agreement
with the waiver. It was MOVED by Moore, seconded by Walker
that the Council authorize the Mayor to sign the letter to
waive the requirements of non-federal costs: carried, Allard,
Edmondson, Holbrook, Moore, Walker and Wonder voting aye by
voice vote. Simmons absent.
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MAY 24, 1976
;City Manager McMicken requesting authorization for out-of-state
!travel for the following:
1Fritz Jaeger, City Engineer, to travel to Olympia and Portland, Oregon,
to consult with the Washington State Highway Department and Union
:Pacific Railroad officials re street projects, May 27-28, 1976, and ,
!for Bob Knight, Transit Manager, to travel to Portland, Oregon, to
attend a transportation training course, June 7-10, 1976, it was
;MOVED by Moore, seconded by Holbrook that said travel be approved
and expenses ' carried, Allard, Edmondson, Holbrook, Moore,
.Walker and Wonder voting aye by voice vote. SiEunons absent.
*Petition No. 880, having been filed with the City Clerk on May 20, :
1976, by Floy Elliott, requesting annexation of property between
North 2nd Street and:Buwalda Lane, south of "N" Street, it was
'MOVED by Holbrook, by Wonder that June 21, 1976, be the
date set for hearing on this petition: carried, Allard, Edmondson,
:Holbrook, Moore, Walker and Wonder voting aye on roll call. Simmons;
!absent.
IThere being no further business to come before the Council, it
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was MOVED by Moore; seconded by Holbrook that this meeting be
;adjourned at 5:10 P.M. to Thursday, May 27, 1976, at the hour
of 9:00 A.M. to then meet at the El Cid: carried, Allard, Edmondson;
!Holbrook, Moore, Walker and Wonder voting aye by voice vote.
iSimmons absent.
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