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HomeMy WebLinkAbout08/16/1976 Business Meeting 2)7 AUGUST 16, 1976 IThe City Council met in session on this date at 1:30 P.M. in the 'Conference Room at Yakima City Hall. Council members present were Mayor Betty L. Edmondson, Jean Allard, Ralph Holbrook, W.K."Pete" Moore, Dr. Bill Simmons, Nadine Walker and Gordon Wonder. ICity Attorney Fred Andrews reviewed the proposed Council Idistricting system, and described the procedural steps that must be taken to institute districts in Yakima. Mr. Andrews lindicated that a resolution and statement of the proposition for districting must be submitted to the electorate in ;accordance with the City Charter. In order to make the INovember ballot time requirement the proposition must be !submitted to the County Auditor 45 days in advance of the 'election. Provisions for amendment of the City Charter I require that such amendments be held at a "general election". Mr. Andrews indicated that inasmuch as no City positions were , open at the upcoming November election, he needed clarification from the State Superintendent of Elections as to whether the !Statewide general election would constitute a general election lunder the City Charter to allow for this amendment. If this is not the case, the City Council would have to call for a special ;election for this purpose to be held in conjunction with the !Statewide general election. Mr. Andrews went on to describe some lof the problems inherent in constructing a districting system and ;the legals requirement to maintain the one-man, one-vote principal within that framework. He indicated that redistricting from time to time will be necessary in accordance with population shifts in the area. Additional problems of racial balance must be also taken into consideration when districts are formed. In reflecting Ion this discussion, several Council members reiterated their interest in 4 districts with 3 at large positions to improve lgovernment representation. Councilman Allard however, suggested that the proposal should be set aside at this time, rather than !command the attention of the Council in view of other pressing ;business, and he recommended that it be reconsidered by the City Council at a later date. Other Council members disagreed, however, and Dr. Simmons suggested that the City Attorney proceed with ;answering the questions regarding the applicability of the ;statewide general election to our circumstances here, together with answering the question relating to application of the one- man, one-vote principal. Council consensus was for the City Attorney to proceed on this basis and report back to the City Council as rapidly as possible to meet the 45 day time requirement of advance notice to the County Auditor. The City Council next reviewed elements of the parking and busi- ness improvement area. Mr. Stouder gave an overview of business Meetings regarding property assessments. Mr. Wonder inquired Whether or not there have been protests from local businessmen. In response to this, the City Manager indicated that under the !LID law, a hearing is not required unless the assessment rate formula is changed, although a hearing may still be advisable if the Council believes one should be held and this may be the case especially since assessments were last reviewed in 1974. There is however, no legal basis for protest now, because the district !has been formed. The authority to act on special protests is now being researched by legal counsel. In considering the proposed 'PBIA budget of $64,000 for the balance of the year, Councilman Wonder suggested that the $15,000 item for promotion be deleted Isince he did not believe it was appropriate for the City to be !engaged in promotion of this nature. In response, the City Manager reported that the parking and business improvement area does permit this as an equal partnership in promotion between the City and businessmen in the district. It is not an offer of preferental treatment nor is it an outright gift to the businesses there. Approximately $5300 of the City's obligation would be utlized for promotion. City Manager indicated that the promotion ;budget is also intended to replace the former voluntary donation !system for Christmas and other decorative and festive celebrations. 1 298 AUGUST 16, 1976 In the past few years, there has been a decline in contributions and support on a voluntary basis, therefore the promotion budget system included in the PBIA is intended to provide necessary funds for this purpose. Councilman Moore expressed the opinion he saw nothing wrong with the promotion budget and did not agree with the idea that promotion should not be supported by the City. Other Council members were also in agreement with Mr. Moore. The City Manager reported that the subject is appropriately addressed here because of the promotion committee's advice concerning a contract with Smith - Phillips - DiPietro for the Council's consideration at the regular agenda meeting. Pursuant to this discussion, it was MOVED by Holbrook, seconded by Walker that the proposed PBIA budget for the balance of 1976 be approved: carried, Allard, Ed- mondson, Holbrook, Moore, Simmons and Walker voting aye by voice vote. Wonder voting nay be voice vote. Additionally, the Council consensus was that a non legal hearing on the assessment should be held. Thereafter, it was MOVED by Moore, seconded by Holbrook, Council enter into Executive Session to discuss negotiations with YPPA and AFSCME: carried, Allard, Edmondson, Holbrook, Moore, Simmons, , Walker and Wonder voting aye by voice vote. At 3:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Edmondson presiding, Council -, men Allard, Holbrook, Moore, Simmons, Walker and Wonder, City Manager McMicken and City Attorney Andrews present on roll call. The Invocation was given by Councilman Jean Allard. 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, Mayor Edmondson declared said minutes approved as recorded. Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Councilman Holbrook asked that item #5 be deleted from the Consent Agenda and considered in its normal sequence on the agenda. City Manager McMicken asked that items #9 and 10 be deleted from the ;( Consent Agenda and considered in their normal sequence on the agenda. Lester Watkins, a citizen then requested that item # 7 be deleted from the Consent Agenda and considered in its normal sequence on the Agenda. It was the consensus of the Council that the deletions be made as requested. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by i title. It was MOVED by Walker, seconded by Moore that the Consent Agenda, as read, be passed: carried, Allard, Edmondson, Holbrook, '; Moore, Simmons, Walker and Wonder voting aye on roll call. ! (Subsequent paragraphs preceded by an asterisk ( *) indicate items ( on the Consent Agenda handled under one motion without further discussion.) Mr. Charles Lee, Chairman of the Board of Directors of the Southeast Community Center addressed the Council in re to funding for work that needs to be done at the Center. The following is ' the recommended list of needed improvements from the Board: 1 E 1. Cover the Center's open court and convert it into a Senior Citizens lounge and recreation area. 2. Modify the dining room to better accommodate the nutritional needs of the senior citizens and others. f i 3. Convert surplus waiting room space into needed office space for emerging new center programs and office rental space for new service agencies. Agencies would provide added services to the poor, and added income to the Southeast Community Center from space rented. 4 4 40 AUGUST 16, 1976 4. Paint the interior and exterior of the building. 5. Repair and replace door closing devices for all exterior doors. 6. Replace drinking fountains and cuspidors and make other minor repairs. 7. Add new office annex for clinic use. Councilman Holbrook asked if funds could be raised to supplement the program. Mr. Lee explained that since 1971, it has been difficult to even keep the doors open without extra money. After further discussion, it was MOVED by Allard, seconded by Simmons to approve the necessity of the work and consider the items at 'budget time. In answer to Councilman Moore's question, re the 'legality of using City funds for the Center, City Attorney Andrews !stated he would have to look into the legal impact. It was then 'MOVED by Holbrook, seconded by Wonder to amend the previous :motion, referring the matter to staff for input before bringing it back to Council: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. Mayor 'Edmondson then called for a vote on the original motion as amended: carrried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. 'Addressing the Council in opposition to changing the Larson Garage into a parking garage were Mr. Sig Naasz, Mr. John Steiner, 11.1r. David Moericke and Mr. Jay Spearman, all businessmen with businesses in the garage. It was pointed out that it would cost the City an estimated $32,470 more to change the garage to parking than it would to keep the tenants as they are. Moving these businesses out would also affect some of the surrounding businessmen making it an estimated 10-14 businesses affected. Mr. Spearman pointed out that the idea of the downtown redevelopment was to ,get more business, not to move it out. Councilman Moore ex- pressed appreciation and agreement with these men, stating that he realized a mistake had been made, and the reason the Council was considering moving the tenants out, was because they did not want to be in the landlord business. Councilman Holbrook asked if the owners of the businesses would consider getting together and buying the building. They said they would be if the price was right. Councilman Wonder stated he did not feel the City ,should be in the landlord business. Councilmen Wonder and Holbrook, 'stated they would like to have a report back from staff re what could be done with the building. Councilman Wonder also felt the ; matter should go before DARC. Councilman Moore then stated he 'felt the Council should make a decision of some kind so they could let these men know what to do about possible relocating. City Manager McMicken suggested hiring an architect, money for which would come out of the downtown fund. It was then MOVED by Simmons, seconded by Allard to hire an architect to see what it would cost to bring the building up to code: carried, Allard, ,Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. City Manager McMicken had three suggestions re 'hiring an architect: 1. Funds from parking meters could be used. !2. Interview three architects with tenants present. 3. Architect fees and time should be looked at. - 300 AUGUST 16, 1976 Mrs. Ines Rice, a citizen, addressed the Council with questions re community development money allocations. It was the consensus , of the Council to have Fred Stouder, Director of Community Development, call her and discuss this with her. In answer to Councilman Holbrook asking what the firm of Smith- ' Phillips-DiPietro is supposed to do, City Manager McMicken ex- plained they are to act as consultants for the Police Department's "On Guard" Program which is to aid in the prevention and apprehension of burglaries and thefts in the neighborhoods. At the previous meeting, it was MOVED by Allard, seconded by Holbrook to pass Resolution No. D-3571, authorizing the hiring of Smith-Phillips- DiPietro as consultants to the Police Department for "On Guard" Program: carried, Allard, Edmondson, Moore, Simmons, Walker voting aye on roll call. Holbrook and Wonder voting nay on roll call. RESOLUTION NO. D-3571, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a contract with Smith-Phillips-DiPietro for professional services in connection with "On Guard" Crime Prevention Program of the Yakima Police Department. City Manager McMicken stated that it would be easier for a City our size to combine under one contract for commercial refuse collection rather than dealing with private citizens. He then stated that open bidding takes less time and avoids legal pro- blems. It was estimated that 60 days would be necessary. Councilman Holbrook asked if it would be legal under the present contract if all City employees were absorbed. City Manager McMicken stated that a stipulation should be made to give City employees the option to work or not. It was suggested by Councilman Moore that the matter be discussed further at a special open study session ' with the refuse companies present. Dick Weihl, representing Eichler Disposal agreed with Councilman Moore on this matter. He also stated he felt the area to be served should be the area now served by the City. Tony Ditommaso also addressed the Council stating he too thinks the area should be the area now served by the City. It was the consensus of the Council to have an open study session as soon as possible with each company represented. Mr. Lester Watkins addressed the Council in re to the downtown parking stalls. Councilman Wonder explained that Community Development was doing a lot of work on this matter. It was MOVED by Walker, seconded by Simmons, the passage of Resolution No. D-3572, authorizing the execution of an agreement with Smith-Phillips-DiPietro for promotion of the Downtown Redevelopment Project: carried, Allard, Edmondson, Moore, Simmons, and Walker voting aye on roll call; Holbrook and Wonder voting nay on roll call. RESOLUTION NO. D-3572, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Smith-Phillips-DiPietro Advertising and Public Relations for professional services related to the City's business and parking improvement area project. City Manager McMicken reviewed the plan for the Bicentennial Parking Lot site stating a few trees will be removed, but most of them will be kept. He also said that some kind of low wall or screen fence (two feet 4 inches) will be put up to catch the wind blown items of the Dairy Queen. The Pavilion Board has also requested that they be allowed to post and chain exits for se- : curity purposes. In answer to Councilman Wonder's question re 301 AUGUST 16, 1976 the walkway at the Holiday Inn, City Manager McMicken said it iwould be well lighted and defined. Mr. Don Christopher, owner of 1 the Dairy Queen, addressed the Council re the changes being made around his busihess; in regard to the driveways and !parking Stalls. Mr. Christopher was informed that employees' Parking would not be provided in the Pavilion parking lots. Dave Vargas, Public Works Director also spoke telling Mr. Christopher that the driveways he was concerned about will remain the same as 1 they are. Councilman Wonder questioned Mr. Christopher re the 'proposed alley vacation and his concern that if the parking stalls were changed, traffic would not be able to move around the back of the building if a delivery truck was parked there. Mr. Christopher ;agreed there would be no problem if the parking stalls were left I/ as they are and the driveway into the alley eliminated as shown on the plans. It was then MOVED by Moore, seconded by Simmons that Resolution'No. D-3573, commencing alley vacationproceedings and fixing the time of hearing for the vacation of the alley in Block 170, Huson's Addition, Yakima, be passed: carried, Allard, :Edmondson, Holbrook, Moore, Simmons,. Walker and Wonder voting aye on roll call. - - ' RESOLUTION NO. D ,A RESOLUTIONicOmmencing alley vacation pro- ceedings and fixing'the timeand plade:for a hearing'bn the matter of the vacation of a pilblic:a1ley in block 170, HusOn's Addition to North Yakima, how Yakima, 'City Manager McMicken referred to the matter° of amending the 'Contract to Purchase Bicehtennial Pavilion", explaining that the Council had verbally accepted these changes at a previous meeting, but a resolution was needed. After further discussion, it was 'MOVED by Moore, seconded by Walker that Resolution No. D-3574, ;authorizing the execution of said supplementary agreement to the ;contract, be passed: carried, Edmondson, Holbrook, Moore, Simmons, !Walker and Wonder voting aye on roll call. Allard voting nay on 'roll call. RESOLUTION NO. D-3574, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute supplementary 'agreements to the "Contract to Purchase Bicentennial Pavilion" between the City of Yakima and Noel-Lewis-Cook. Councilman Allard suggested that we let the County handle the 'State Environmental Policy Act rather than adopting our own ordinance because he said it would be complicated and just be !more time consuming and create more paperwork for the staff. iCity Attorney Andrews stated that it may not be legal because the ;State law requires the City to take certain steps anyway. He also said that the County has already adopted a similar ordinance. !Councilman Simmons asked Glenn Rice and Fred Stouder if this would increase or decrease the amount of paperwork for staff. They stated that it would make no difference because the State I/ ; already requires that they do most of this paperwork. It was Ithen MOVED by Walker, seconded by Moore that Ordinance No. 1984 irelating to the State Environmental Policy Act be passed: carried, !Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder 'voting aye on roll call. ORDINANCE NO. 1984, AN ORDINANCE relating to public safety and morals; integrating policies and procedures of the State Environ- mental Policy Act of 1971; adopting a local environmental policy and enacting requirements and prescribing procedures for imple- menting and enforcing that policy; adopting by reference certain !sections and subsections of Chapter 197-10 of the Washington 'Administrative Code (the "SEPA Guidelines" adopted by the State of !Washington, Council on Environmental Policy); and enacting Chapter 6.88, "Environmental Policy", as a new chapter of the City of Yakima Municipal Code; and declaring an emergency. 302 AUGUST 16, 1976 In regard to charges for taxicab stands at the Airport, Mayor Edmondson asked to hear from the taxi companies. Mr. George Kape],las of Diamond Cab Company and Mrs. Grayce Kauzlarich of Yellow Cab Company both addressed the Council in opposition to charging $35 a month for the use of the Taxi stops at the airport. At the previous meeting it had been MOVED by Holbrook, seconded by , Wonder to charge a monthly fee of $35 a month to each applicable company, Mayor Edmondson called for the vote on this motion; Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting nay by voice vote. The motion failed for want of a majority.vote. It was MOVED by Walker, seconded by Moore, that Resolution No. D-3575, authorizing the abatement of fire hazards on private pro- perty be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3575, A RESOLUTION requiring the abatement of fire hazards on certain property, directing notice to property owners to abate such hazards and, in the alternative, authorizing abate- ment by the Fire-Marshall. It was MOVED my Moore, seconded by Simmons,-that Ordinance No. 1985 commencing eminent domain proceedings against property at 808 East "A" Street to be used for Pavilion parking be passed: carried, Allard, Edmondson, Holbrook,,Moore, Walker and Wonder voting aye on roll call. ORDINANCE NO. 1985, AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima. to institute, and prosecute legal proceedings for the condemnation and acquisition of real property for a public parking lot for the City's convention center; providing for the condemnation thereof to be necessary for a public; use required by the public interests; and directing that compen- sation for such taking be paid from the Bicentennial Pavilion Parking Fund of the City of Yakima; and declaring an emergency. An Ordinance, transferring and appropriating the amount of $1,000 to Water-Sewer Fund for the construction of a watermain to serve Freeway Industrial Park, having been read by title only at this meeting, was laid on the table for one week or until August 23, 1976. An explanation sheet having been provided, there was no discussion on this matter. *It was MOVED by Walker, seconded by Moore that Ordinance No. 1986 designating portions of Lincoln Avenue and "B" Street as one-way streets to extend easterly the Lincoln-B Street Couplet be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 1986, AN ORDINANCE relating to traffic control; designating certain streets as one-way streets; amending sub- sections 9.50.120 (14) and 9.50.120 (15) of the City of Yakima Municipal Code; and declaring an emergency. A Damage Claim having been filed by Margaret June Sirmon, 111 North 6th Street, in the amount of 25 million dollars plus 5 million dollars for personal damages, Mrs. Sirmon was present and spoke to the Council re this matter. Council members had much discussion with Mrs. Sirmon and it was noted that many Council members as well as City Manager McMicken have heard from Mrs. Sirmon before. The matter having been previously researched by staff, it was recommended by the Council that Mrs. Sirmon seek legal counsel. It was then MOVED by Wonder, seconded by Walker that said Damage Claim be denied: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. 303 AUGUST 16, 1976 IIt was suggested by Councilman Simmons and considered the !Consensus'-of the!Council that the matter of the Emergency M edical Responses of the Yakima Fire Department be referred to the Emergency Medical Systems Group for approval or recommenda- tion. There being no further business to come before the Council, it . was MOVED by Moore, seconded by Walker, that this meeting be l adjourned at the hour of 11:30 P.M. to Thursday, August 19, 1976, Ito then meet at the hour of 12:00 Noon in the Holiday Inn ;Restaurant, Yakima, Washington. I/ READ AND CERTIFIED ACCURATE BY 1.4...,m 9 3 /4 COUNCILMAN DATE cP--2 - 7 1 COUNCILMAN !ATTEST: t. Ak/. / - adheld479 CITY CiRK MAYOR ADJOURNED REGULAR MEETING - THURSDAY, AUGUST 19, 1976 The City Council met in session on this date at 12:00 Noon in the 'Council Chambers of City Hall, Yakima, Washington. !Councilmen present at the meeting were Jean R. Allard,,Mayor Betty L. !Edmondson, Ralph Holbrook, W. K. "Pete' Moore, Dr. -Bill Simmons, - Nadine Walker, and Gordon Wonder. !Council members held general discussion on various City matters. No !formal action was taken at this meeting. !There being no furtlier business to come before the Council, it was !MOVED by Moore, seconded by Walker that we do now adjourn at the lhour of 1:30 P.M.: carried, Allard, Edmondson, Holbrook, Moore, !Simmons, Walker, and Wonder voting aye by voice vote. READ AND CERTIFIED ACCURATE BY DATE (- COUNCILMAN _ DATE COUN94LMAN / • ATTEST: /24,467,140, CITY RI< MAYOR •