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HomeMy WebLinkAbout07/17/1972 Special Meeting / Regular Meeting • 399 JULY 17,,'1972 MINUTES OF SPECIAL MEETING ' - •• YAKIMA CITY COUNCIL • • JULY 17, 1972 • •. The City Council met in special' session pursuant to due notice at 6:30 P.M., July 17, 1972, in the Conference Room'at City Hall. • Councilmen present at the meeting were Mayor Bert Broad; Wray Lenore Lambert, James •Lust, Walter Robinson and bon Schussler. Also present were City Manager McMicken, City' Attorney Andrews and- Administrative Assistant Jim Williams. • The Council reviewed and discussed alternatives for City office space allocation with par- ticular regard-to Park and Recreation Department- needs: The-possibility of establishing a drop -in center for youth was also discussed. Other items of discussion included expiring Planning Commission terms and Metropolitan Planning. and. Utility Services. • The special meeting adjourned at 8:00YP.M. :. . REGULAR MEETING - JULY 17, 1972 - 8 :00 O'CLOCK P.M. • The Council then met in regular session at tle':hour of 8:00 P.M., at Valley Regional Library, because the Council Chambers are being remodeled, Mayor Broad presiding, Councilmen Brown, Lambert, Lust, Robinson and Schussler, City Manager McMicken and City "Attorney"Andrews present on roll call. Councilman. Whitaker absent.on roll call,.having been excused at the previous meeting. The Invocation was given by City`Attorney °Andrews: The minutes of the regular meetings of.June 26 and•Jiuly10„ 1972, having been duly certi- • fied accurate by two Councilmen, and no one present wishing to have said minutes read•• publicly; Mayor Broad declared said minutes approved as. recorded. • This being the time fixed for the continuation• :of•the Hearing on change�of zoning classi- fication for the N. A. Medley property situated at South 48th•Avenue and Nob Hill Boule- - vard, having been continued from June 26, 1972, so that Mr. Medley could further study the situation; :it .was:.noted that a written statement has been - received from . Mr'. MedI'ey stating that ,he. is "not..going to contest any:action, that the City Council may take' at this timee'. After due discussion, Mayor Broad reported that at the meeting of June 26, - 1972; it was MOVED - by,' - Robinson,: seconded.-by Lust.to pass Ordinance No. 1421 accepting the r-•' tion of the Planning Commission and .rezoning said .property; and called for the roll call vote •on the Motion to pass said Ordinance and it;.carried: Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker absent. .• ORDhNANCE:NO. 1421, :AN ORDINANCE accepting the recommendation.of the Planning Commi=ssion and.rezoning certain property situated at South 48th.Avenue and Hill Boulevard.in -' the City of Yakima, Washington, from Planned Development Zone to R -1, Single Family Zone. • An Ordinance appropriating.$71,509 to the 1972 Various Purpose General Obligation Bond Redemption. Fund to pay for interest due, having been read in its entirety at'the previous. meeting :of :June ,-2.6 r, 19.72, !and being read by Title only at • this meeting, it was MOVED by - Brown, seconded by *Lust that Ordinance No. 1422 providing for said appropriation and • -- authorizing a•loan in the amount of $130,186 from the-Parks and Recreation CapitalFund; • and.Fire Capital Fund, be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker absent D • ORDINANCE NO. 1.422, .AN _ORDINANCE authorizing a :loan- the of $130',..186 fro6 Parks' and Recreation•..Capital Fund and :Fire Capital Fund to. :292 - -1972 Various •Purpose General -Ob- ligation Bond Redemption Fund, and :providing for repayment; and,appropriating the amount' of $71,509 from unappropriated money in 292 -1972 Various Purpose General Obligation -Bond • Redempti.on:Fund:.to Account 519.:60.72, interest, within such.fund. Mr.. Bob•_Horn,- ° :businessman, explained that he 'is " geing to open:a photograph -ic studio Yakima :and: is present, to:.request that the Yakima Municipal Code be - repealed- re- quiri-ng photographers to 'be • investigated as. he objects, to - being- investigated and having to pay an investigation fee. • He read -a"-statement - and spoke - in detail against the investiga- tion and fee. City Clerk' Marie expla-inedN .that regulation had been requested by the photographers whose problem at the time was the itinerant photographer. City At- torney Andrews explained that in 1937 it was decided by the City to inact a consumer pro - tection--Iaw and ;and• many: others are .cover.ed .by a- regulatory - policy which'. from a, legaa standpoimt f:is..val d, , --He indicated!'that: it' is: a matter of legislative policy of whether this should b.e' :continued: .Council members indicated that• they feel =that this matter should- rbe - rfurther - s.tud:ied and that they .should :hear 'from the Chief of Police; the Better Bus -n.ess. Bureau: - and .the photographers - before .any action Is taken After • .due d is cussion•, -it was MOVED. by Schussler, .secondedby - Lambert= that this matter 'be. referred to the Staff, the - Chief :of :Police, _the:•Bet.ter Business:.Bureau and the photographers for study and recommendation: carried, Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye by :voice vote..: Whitaker absent.. - • • • . City Manager McMicken referred to his Report #152, Regulations for Collaborative Garage ' Sales, which he reviewed explaining'- :that several local second hand dealers recently urged the City to: adopt legislation regulating certain types of garage., patio, or yard sales within-the. City, :because: .some sales far. surpass. the-:casual and noncommercial aspect of what is: usually considered :a_ garage sale.: . The - complaint> has been that. these collaborative and many times continuous sales do not require' a City- business license but are 'profit mo- - tivated businesses competing with licensed second hand stores. ;Mr. McMicken reported that a proposed ordinance has been prepared which proposes the addition of a new chapter in the- Municipal .Code to properly regulate such -comme'rcial- oriented garage sales.- Be explained that the proposed ordinance is not intended to prohibit or regulate in any way casual garage salesor similar sales where items of personal property are sold which have not been acquired for: the purpose ,of the sale and tha :t. rummage sales for churches; lodges-, clubs and charities •also Eby this 'ordinance• if conducted at nonresidential • premises.- Mr. McMicken reviewed the proposed regulations for' * Collaborative Garage Sales., which_ are `sal:ea.- :that_:-involve the- sale of merch'andi'se :acquired from persons who do not reside • at the scene of the sale, or which involve merchandise acquired specifically for the purpose • " • -. 400 JULY 17., 1972 - of the sale. The ordinance requires that persons conducting collaborative garage sales obtain a collaborative garage sale permit from the•'Yakima City Clerk at a cost of $5.00 for each day on which the sale occurs, that no collaborative garage sale may exceed three days in duration and that sales lasting more than one day must occur on consecutive days. Also,, no collaborative sale may•occur at the same residence :within 120'days of another sale. He stated that the ordinance also provides for permit.. revocation; investigation of the applicant and penalties for those in violation. Mr. McMicken reported that copies of the proposed ordinance were sent to people peti.tioning..against regulating garage sales and to the second hand dealers who requested such an ordinance_ in :the_fir_st place-. : Per sons present and speaking to this matter were: - Mrs. White, who asked if the proposed ordinance would prevent .her child•ren.from giving her things to sell. City Attorney. Andrews explained, .that .this would..be- atype- of col- laborative sale where others bring in things, to sell,and,would require a permit,: according to the proposed ordinance. Gordon Hanson, Attorney, not representing anyone, spoke. against the tatter of the regulatory license and the proposed ordinance, and stated that he believes the pro - posed ordinance is too restrictive as some people in probating. e.states,need to .sell ' things and this would be regulated.by the proposed ordinance. Mr. and Mrs. Bob Thompson spoke in favor of the proposed ordinance as they pay li- cense fees; are investigated and pay taxes.:- . Councilman Lust indicated that he agrees with Mrs. White, that if it is'family, it.should- be all right to have a garage sale without it being considered a, collaborative sale.. Councilman Schussler stated that he agrees with Mr. Hanson - the .Ci.ty should .not . involve itself in the issue at all and should drop. the whole idea of a new ordinance. It was MOVED by Schussler, seconded by Lust this matter be:tabled. After some fur- ther discussion, Councilman Lust withdrew his second to the Motion and the Motion lost for want of a second. It was then MOVED by Lambert, seconded.by.Lust that this matter be referred back to'the staff to consider the suggestions made'regarding'certain family sales and estate sales and a new draft of the proposed ordinance be•submitted for consi- deration at the Council meeting of August 21, 1972:. carried, Broad, Brown, Lambert, Lust and Robinson voting aye by voice vote. Schussler voting nay by' vote. Whitaker ab sent. • City Manager McMicken referred to the matter of the Yakima Valley Transportation.(YiV.T) operation as related to the Franchise renewal, eplaining . that in. accordance with Council' action previously taken, this matter has -been investigated and reports received from re- sults of meetings held regarding the franchise. .He reviewed in detail the .notes taken at the meeting with James Bergmann, , et al, 'Thursday, July, 6 , ,_1972 -, :..regarding :. Ahtanum Road and off Ahtanum Road, Accident Record, Franchise Fee, .Hours of Operations, Speed Limits, Conversion to Diesel Power, Term, Track Repairs : and.Track Relocation.. - Council members indicating that due to the fact that this report has just been received and that they feel that a study session. be.. scheduled..on..the. matter, it was:. infor- • mally agreed by Council members that this matter will -be further studied and considered. City Manager McMicken referred to the matter of the method of providing sewer service to Tony Alegria et al, and reviewed the situation from.the time..Mr..Aiegria & Others re -... quested annexation, and the Petition.was_ found to be. invalid because of 74% signatures . -_ . instead of the needed 75 %, to the present .request for :Outsid.e Utility 'request for sewer service, He'stated that previously ten of the 14•property'owners in,this vicinity wanted sewer service, and at the present time there are only five_who.have signed.outside hookup agreements and want;to'be L.I.D. formed. Mr. McMicken explained that'•there is'an alternate program to the L.I.D., which is through. a water - sewer fund project andthose getting service would sign a ten -year contract and the standard agreement. Tony Alegria was present and spoke to this matter'requesting the outside sewer service -and stating that he is sure that one or two more will also want to hook on'.to the., system. Council members indicating that although they feel that this is a unique - situation,.that the utility 'fund . should be used and offer the ten -year contract, and approval lbe given..for Mr. Alegria to . receive sewer service. After due discussion,,it was MOVED by.Brown., seconded by Lust that approval be given for Mr. Alegria to receive sewer service and proceedings be started using the utility fund and the ten -year contract:. carried, Brown, Lambert,.Lust, Robinson and Schussler voting aye by voice vote. Whitaker absent. Councilman Robinson; stating that this is the first time this has been done,' and that although'there are spe- cial circumstances here and that others, won't expect this to be followed,• it should 'be noted that the Council members do rot consider this as a precedent set.. r City Manager McMicken explaining that the City contemplates the construction of Shop/ • Warehouse Facilities and finds it necessary to hire professional architectural services for the design such facilities, recommended hiring Marble - Dawley and Associates,'Archi- tects, to design said facilities.' After due discussion, 'it was MOVED by Lust, seconded ' by Lambert that Resolution No. D -1895 authorizing the execution of an agreement with Mar - ble-Dawley and Associates Architects, for-professional services to design Shop /Warehouse Facilities for the City, be passed as read: carried, Broad, 'Brown, Lambert, Lust and Ro- binson voting aye on roll call. Whitaker absent. Schussler temp.orarily.•absent. RESOLUTION NO. D -1895, A RESOLUTION authorizing and directing the City Manager and City Clerk to execute an agreement with Marble - Dawley & Associates, Architects, for professional services to design Shop /Warehouse Facilities for,the City :of ... City Manager McMicken referring to the matter of authorization.to sell at public auction, surplus buses and'equipment owned by the City,-it MOVED by.Robinson, seconded by'Lust- that Resolution No. D -1896 authorizing the sale at public ,auction :.of..•said.surplus vehicles and equipment, be passed as read; carried, Broad,, Brown, Lambert, -Lust`,- Robinson and.'Schus- sler voting aye on roll call. Whitaker absent. . . RESOLUTION. NO. D -1896, A RESOLUTION authorizing thecsale at public auction of surplus vehicles and equipment owned by the City. ; • City Manager McMicken referring to the matter of authorization .to make a temporary loan of $100,000 from the Water= Sewer'Fund to Transit 'Fund to pay purchase price of new buses and explaining that it is expected that monies will soon'be.received for this purpose and. the loan repaid, it was MOVED by Robinson, seconded by Lambert that. Resolution No. D -1897, authorizing a temporary loan of $100,000 from Water = Sewer :Fund• to the. Transit Fund, -be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker absent. ■ 401 JULY 17„ 1972 • '.RESOLUTION NO. D -1897, A RESOLUTION a temporary loan of $100,000 from.463 Water -Sewer Fund to 172 - Transit Fund, and providing - for•repaythent. City Manager McMicken referring to the matter of authorization to'sell surplus water me- ters.owned.by the explained.that the City has no foreseeable use for these 7 water.. meters and:recommended that they be sold to private parties, as the opportunity for such sales occur, for the price of $150 each, which is more than the purchase price of several years ago. After due discussion, it was" MOVED by Robinson,' seconded by -Brown that Re- III ' . . solution No. D -1898 authorizing the sale of said surplus water meters,' be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker absent. - - RESOLUTION-NO. D- 1898, A RESOLUTION 'authorizing the -sale of surplus water meters owned by the City. City Manager McMickenreferring to the matter of authoriz "ationto purchase uniform jackets for Police Department without calling for bids, explained that the.Police Department in- advertently omitted .the uniform' jackets from•the bid call for Police Uniforms for which Kroesen:s Uniform Company of Seattle was awarded the bid, and.requests that the purchase. of such jackets from.Kroesen's without' calling for further bids. be: allowed..: •After due discussion., it was-MOVED by Brown, seconded by' Lust that Resolution No. D- 1899.authori- zing the purchase of uniform jackets for the Yakima Police Department without calling• for further bids, be passed as•read: carried, Broad, Brown,, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker absent. • RESOLUTION' NO. D -1899, A RESOLUTION authorizing the purchase of uniform jackets for the Yakima Police Department without calling for bids. A Damage Claim having been filed with the City Clerk on May 8, 1972, by Mrs; Roy Elduen, of Kirkland, Washington., for damages in the_,amount :o,f: $21.1531.c.aused b.y.J;a plugged sewer • line at rental property. located at 1402 Cornell •Avenue, and a Memo having been received - from the City Attorney's Office which explained that this matter has investigated . and recommending that this claim be paid, it was MOVED'by Brown, seconded by Lambert.' that Resolution No. D=1900-authorizing payment of claim for damages of $21.53 to . :. Mrs. Roy Elduen, be :passed as read: carried, Broad, Brown, Lambert, Lust, Robinson and - - Schussler voting aye on -roll call. Whitaker absent. RESOLUTION NO. D -1900, A RESOLUTION authorizing payment of a Claim.for Damages•filed a- , gainst the City of Yakima byMrs. Roy Elduen. • A"Damage Claim having been filed with the City Clerk on•May 8, 1972, by Dallas C. Rice, 116 N. 18th Avenue, in the amount`of $10:00 for damages•caused when-garbage collectors • stepped on and damaged;a 12 year old long- stemmed tea•rose in carrying out garbage, and a Memo having •been received from the City Attorney's Office explaining that this matter has been investigated and recommending.that this claim be paid, it was MOVED by ' Robinson, .' seconded,.by. Lambert..that Resolution No. D -1901 auuthorizing payment 'of said Claim for Damages in the amount of $10.00 to Mr. Dallas C. Rice, be passed as read: carried, Broad, Brown„ Lambert, Lust, Robinson and Schussler•voting aye on roll call. Whitaker ab- sent. . • - . RESOLUTION-NO. .D-1901, RESOLUTION authorizing payment of a• - Claim for Damages filed . against the City of Yakima by Dallas C. Rice. . • City Manager McMicken referring to the matter of a" request' for utility service at 1520 S.. 24th Avenue, by Leo J. Henning, who is requesting outside.domestic water a . single- family residence.; and a Memo from Jay Otto, Planning Director., which'reviews the request and recommends approval•of this outside utility hookup, it was MOVED by Schussler, . seconded by Brown.that the request of Mr.- Leo "J•. Henning for outside domestic water ser- vice at 1520 S. 24th Avenue, be approved upon the signing of the outside hookup agreement: carried, Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye by voice vote. Whitaker absent. . . . There being. no, further business to- come before the Cduncil;oi.t,-.wasIMOVED by :Lust,Yseconded by Robinson that we do now adjourn at the hour of 10:15 P.M.:carried, Broad, Brown, Lam - bert, Lust, Robinson and Schussler voting aye by voice vote. Whitaker absent. • • READ AND CERT ACCURATE BY , salitUr� ..�. D ATE 7 ) - 7 L CO - :ILMAN . • • �ti '`�-, , ° `_. - DATE • 7 2 0 2 • . COUNCILMAN • - ATTEST,: . /6G _. . - , • / ...t.vr.4.-- • -. 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