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HomeMy WebLinkAbout04/02/1973 Business Meeting 55® APRIL 2, 1973 The City Council met. in regular session at 1.:30 P.M. on this date in the Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, Don Schussler and Bill Whitaker. Councilman Howard Cole absent. Also present were City Manager, Craig McMicken; City Clerk, Jack Daniel; and, Jim Bowers, representing the press. City Manager McMicken reported that AWC had recently held a seminar on New Federalism and suggested that the Council might have a similar program sponsored by the Conference of Governments. He recommended that this be scheduled for Friday, April 17, 1973 and this was informally agreed to by the Council. City Manager McMicken announced that the City Attorney, Fred Andrews, would be absent.for approximately three weeks for minor surgery. Councilman Whitaker expressed a desire to see another Assistant City Attorney hired so that legal business would have continuity in the City Attorney's absence. Mr. McMicken introduced Dr. Stanley Coffin, who spoke on the history of mental health pro- grams in Yakima. He referred to a report by,Mr. Bert Mills and reviewed a 1974 proposed budget which included a request for $25,000 in City Federal Revenue Sharing funds. Follow- ing Dr. Coffin's presentation and discussion by the Council, it was MOVED by Schussler, seconded by Brown that the request for $25,000 be approved, that the City Attorney prepare an agreement with Health Services of Yakima, to be effective July 1, 1973, for one year, and that a letter of intent be prepared immediately so that Health Services of Yakima could proceed to engage.a full -time Clinical Director: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Co -le absent. Councilman Schussler sug- gested that the County be contacted as to whether funds for Yakima Health Services should be administered through the District Health Office. L At 3 :00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Broad presiding, Councilmen Brown, Edmondson, Schussler, Whitaker, City Attorney Andrews and City Manager McMicken present on roll call. Councilman Cole being absent on roll call, it was MOVED by Schussler, seconded by Brown that he be excused: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. The Invocation was given by Mayor Bert Broad. The minutes of the previous adjourned regular meetings of March 20, 1973, and March 23, 1973, and the regular meeting of March 26, 1973, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Broad declared said minutes approved as recorded. This being the time set for the Hearing on Petition No. 714, filed by Dan Smith and Others, requesting annexation of property located at 57th and 58th Avenues, between Chestnut and Walnut, and it being noted that more information is needed on this matter, it was MOVED by Schussler, seconded by Whitaker that this Hearing be continued to April 9, 1973: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. This being the time set for the Hearing on Petition No. 778, filed by Valley Roz Orchards, Inc., requesting annexation of property west of South 24th Avenue between Clinton Way and Viola. extended, Planning Director, Jay Otto, reviewed the Planning Staff report of February 28, 1973 and the Planning Commission Minutes of March 6, 1973. He stated that the Planning Staff recommends annexation of this area for the following reasons: 1. The desire of the affected property owners within the proposed annexation to annex to the city. 2. The "squaring up" of current city boundaries. 3. The Yakima County Water and Sewer Study and Yakima General Plan recommends this area as a part of the Yakima Service Area. 4. The need for and availability of full urban services. Mr. Otto further recommended that this area be annexed with a zoning classification of R -1, Single Family Residential. After due discussion, it was MOVED by Schussler, seconded by Whitaker that Ordinance No. 1500, annexing said property, be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye on roll call. Cole absent. ORDINANCE NO. 1500, AN ORDINANCE annexing property to the City of Yakima, and zoning said property. . This being the time fixed for the Hearing on Resolution of Intention No. D -2020, to improve property by the construction of curbs, gutters and surfacing of certain streets in Engle- wood Heights and Perry Street, Public Works Director, Dave Vargas, explained that a written protest, amounting to 64.26 percent protest, turned in at this meeting was suffi- cient to protest out the Garrett Street portion of this L.I.D. Mrs. Hamilton, 1702 Garrett Street, being present, questioned why the earlier protest submitted on the water mains for Garrett was disregarded. Councilman Wray Brown explained Council procedures in considering those protests submitted in the time specified as the protest period and Mr. Vargas explained that two names were asked to be removed from the protest, causing the percentage to be insufficient for deleting water mains on Garrett. After due discussion, it was MOVED by Brown, seconded by Schussler that Ordinance No. 1501, creating L.I.D. No. 992, 1973 Street Paving District, be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye on roll call. Cole absent. ORDINANCE NO. 1501, AN ORDINANCE providing for the improvement of certain streets by grad- ing, ballasting, surfacing with asphaltic concrete and constructing concrete curbs and gutters, together with necessary drainage features; establishing a Local Improvement Dis- trict, providing for the method of payment thereof; and creating a special fund. This being the time set for the Hearing on Resolution of Intention No. D -2021, to improve property by the construction of water mains in the vicinity of Englewood Heights West, Public Works Director, Dave Vargas, explained that there were no protests received for L , 551 APRIL, 2 , - 1973 , this L.I.D. After due discussion, it was - MOVED by Schussler, seconded by Whitaker'that Ordinance No. 1502, creating L.I.D. No. 993, Englewood Heights' West Addition Water District be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye on roll . call. Cole absent. . . . ORDINANCE NO. 1502, AN ORDINANCE providing for the improvement of certain property by con- structing the necessary mains, fire hydrants, valves and other appurtenances for the pur- pose of supplying water for domestic use and fire protection;_ establishing a Local Improve- ment District, providing for the method of payment thereof and creating a. special fund. This being the time set for the Hearing on Resolution of Intention No.-D -2022, to improve property by the construction of a sewer in the vicinity of Englewood Heights West, Mr. Vargas explained that there were no protests received for this L.I.D. After due discus- sion, it was MOVED by Schussler, seconded by Edmondson that- Ordinance No. 1503, creating L.I.D. No. 994, Englewood Heights West and Others Sanitary•Sewer District, be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker'voting aye on roll call. Cole absent. • ORDINANCE NO. 1503, AN ORDINANCE providing for the improvement of,certain property by con- structing a pipe sewer with the necessary wye branches and establishing a Local Improvement District, providing for the method of payment thereof,,and creating a special fund. . Petition No. 781, having been filed with the City Clerk on March 27, 1973, by property owners of the Mary Lin Park Addition, requesting the improvement of property by the,repair- ing and maintaining of the irrigation system, it'was MOVED by Schussler, seconded by Brown that Petition No.• 781, for the creation of a Local Improvement District, be referred to the City Manager and Staff for study and recommendation: carried, Broad, Brown,' Edmondson, Schussler and Whitaker aye voice vote. Cole absent. Petition No. 782, having been filed with the City Clerk on March 28, 1973, by Ronald Schumacher and Others, requesting improvement of. property by the paving of 44th' Avenue -- from Chestnut to it was MOVED by Schussler, seconded by.Brown that Petition No. 782, for the creation of a Local Improvement District, be referred to the City Manager and' . Staff for study and recommendation: carried, Broad, Brown,.Edmondson, Schussler.and. Whitaker voting aye by voice vote. Cole absent. 0 A Damage Claim having been filed with the City Clerk on March 26, 1973, by Raymond A. Turner, in the amount of $55..95, for damages resulting from an accident with a. city vehicle it was MOVED by Schussler, seconded by Brown that said Damage Claim be referred to the City Manager and Staff for study and recommendation: carried,-•Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. An Ordinance appropriating the amount of .$9,684 to the•.Fire.Department, having been read by title at the previous meeting of March 26, 1973, and having been read again by title at this meeting, it was. MOVED by Whitaker, seconded by•'Schussler that Ordinance No. 1504, providing for said appropriation, be passed c.arried,.Broad,'Brown•, Edmondson, Schussler and Whitaker voting .aye on roll call. Cole absent. - ORDINANCE NO. 1504, AN ORDINANCE appropriating $9,684 within 695- Contingency Fund and transferring that amount to 000 - General Fund; and appropriating the amount of $9,684 • within 032 -Fire Department of•.the 1973 appropriation for 000- General- Fund. An Ordinance appropriating $16,500 to „the Fire Department, :having been read by-title at this meeting, was laid on the table for one week, or until April 9; 1 -973. City Manager McMicken explained that this Ordinance is necessary in the settlement previously consider- ed by the Council for.the:suit of.the. Junior Amusement Company and Automat Company -vs. the City of .Yakima . .. .. . • • .. .. It was MOVED by Whitaker, seconded by Brown that Ordinance No. 1505, providing for a Bond Proposition of. $1,900,0.00 to :be submitted.to'the: electors at a•Special Election,to be held May 22,. 1973, for.the.construction of .a Convention and Cultural Center, be passed: carried, Broad', Brown, Edmondson, Schussler and Whitaker voting aye on roll call. Cole absent. .. . .. .. . .. . . .. • , . , • , ORDINANCE NO. 1505, AN .ORDINANCE.of.the City Council of,the City of Yakima, Washington,. providing for the submission-to-the qualified electors of the city at a-special election to be held therein on May 22, 1973,: of'a proposition of whether.or not the city should issue its unlimited tax levy general obligation bonds in the-principal amount of $1,90.0,000 for the purpose of providing funds to pay part of the cost of acquiring, constructing and equipping .certain.capital.improvements as a multi - purpose convention and cultural center of the city, and .declaring an emergency.. '.. .. . .• , City Manager McMicken.-referred.to the proposed Resolution engaging Preston, Thorgrimson, Ellis, Holman and Fletcher. bond counsel of Seattle to-draw up necessary .documents for the _issuance of the general obligation community center bonds. After due discussion, it-was MOVED by Schussler.,. seconded by Brown. that Resolution No. D- 2036, •authoriz•ing• the engage- ment of said bond counsel, • be passed carried, Broad,. Brown., - Edmondson, -Schussler and Whitaker voting aye on.roll.call. ,Cole absent.: • RESOLUTION NO. D -2036, A RESOLUTION of the City Council'of.the City of Yakima, Washington, retaining counsel for certain services in connection with the authorization, issuance, sale and delivery of general obligation community center bonds in the principal amount-of $1,900,000. • City Manager McMicken reviewed the following options relating.to property, acquisitions for the proposed Convention.and Cultural Center: - - , . Property . . _ . .. _. Expires ..... Price , Consideration Sum 1. Capitol Theatre. .., . October :2 . ..$3.20,000 .$10.00 2. Holtzinger property , July . . •150,000 :10.00 - • 3. Campbell property • October 2 175,000 100.00 552 APRIL 2, 1973 Mr. McMicken explained the proposed uses for the Capitol Theatre and stated that if the Council agrees with the options, the sum for consideration could be paid. After due dis- cussion, it was MOVED by- Whitaker, seconded by Schussler, that the options be accepted: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. Mr. JohnMoore, being present, asked questions concerning the parking needs in connection with the proposed Center. . It was MOVED by Whitaker, seconded by Schussler that Ordinance No. 1506, licensing and regulating the'operation of.cabulance businesses, be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye on roll call. Cole absent. City Manager McMicken explained that this Ordinance provided for limited ambulance service to be done in non - emergency situations for physically handicapped persons by a cabulance business. ORDINANCE NO. 1506, AN ORDINANCE relating to licenses and business regulations; requiring a license for, and regulating operations of, ambulance service businesses; imposing a penalty for violations; and amending-Sections 5.09.010, 5.09.060, 5.09.130 and 5.09.140 of the City of Yakima Municipal Code. It was MOVED by Whitaker, seconded by Edmondson that Ordinance No. 1507, adopting a Uniform Housing Code and Occupancy Permit System for the City of Yakima, be passed: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting are on roll call. Cole absent. Councilman Schussler asked questions concerning the requirement for the Certificate of Occupancy before a leased, rented, or purchased residence could be occupied. Those present and speaking to this matter were Chief Building Inspector,,Newell Pock and Planning, Director, Jay Otto. Those present in the audience and speaking to the matter of housing for low - income persons were Mr.. Jean Allard and Addie Perry. . ORDINANCE NO. 1507; AN ORDINANCE relating to building regulations; adopting by reference Volume III, Housing, of the 1970 Edition of the Uniform Building Code published by the. International Conference of Building Officials as the housing code of the City of Yakima and making amendments thereto; declaring violations thereof to constitute misdemeanors and providing punishment for such violations; and amending Sections 11.20.005, 11.20.010, 11.20.020, 11.20.030, 11.20.040 and 11.20.050, and repealing Sections 11.20.060, 11.20.070, 11.20.080, 11.20.090, 11.20.100, 11.20.110, 11.20.120, 11.20.130, 11.20.140, 11.20.150 , 11.20.160, 11.20.170, 11.20.180, 11.20.190, 11.20.200, 11.20.210 and 11.20.220, all of the City of Yakima Municipal Code. Mrs. Mary Wakley, 1304 Spruce, being present, indicated she had found a traffic problem on Walnut at the left turn lane between 4 :00 and 5:00 P.M., and suggested that the left turn lane be painted out. She further spoke to the matter of the city hiring the disabled vet- erans for work which they are able to perform. . Mr. Jean Allard, being present, spoke to the matter of costs for Airport improvements being borne by those benefitting by the service. - It was MOVED by Schussler, seconded by Whitaker that the letters from Attorney Larry Dobbs and Dr. Richard Twiss regarding the Coronary Care Ordinance previously passed by -the City Council, be referred to the Staff for study and recommendation in a meeting with Larry Dobbs: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. - . City Manager McMicken referred the report on the Comprehensive Park and Recreation Plan to Parks Director, Bill Hutsinpiller. Mr. Hutsinpiller reviewed the Park and Recreation Com- mission minutes of March 13, 1973 and his memo to the Parks and Recreation Commission of March 13, 1973., concerning th contents of the proposed plan. Planning Director, Jay Otto, reviewed the need for updating the present plan in light of future park site acquisition. Mr. Otto stated that the Planning Staff supports the recommendation of the Park Department for acceptance of a contract for a park plan. City Manager McMicken reviewed the possible funding sources for this $17,000 project through Federal Revenue Sharing, the Contingency Fund and unappropriated reserves in the Park and Recreation Fund. - After . due discussion, it was MOVED by Edmondson, seconded by Brown that the Comprehensive Park and Recreation Plan be financed through unappropriated reserves in the Park and Recreation Fund and that the appropriate legislation be prepared to implement this action: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. City Manager McMicken referred to his Report #171 ,concerning the Request for Fire Protec- tion to the Fairgrounds and reviewed this report. He referred the matter of the annexation policy involved in providing services outside the city limits to Planning Director, Jay Otto, who briefly reviewed the Staff Report on this subject dated March 22, 1973. After due discussion, it was MOVED by Schussler, seconded by Whitaker that the Fair Board be informed that the city recommends annexation of the fairgrounds precedent to fire protec- tion by the city: carried, Edmondson, Schussler and Whitaker voting aye by voice vote; Broad and Brown voting nay by voice vote. (At the end of the Council meeting, the follow- ing action was taken.) It was MOVED by Schussler, seconded by Edmondson, that the, motion regarding annexation of the fairgrounds be reconsidered: . carried, Broad, Brown, Edmondson, Schussler .and Whitaker voting aye by voice vote. Cole absent. After due discussion, it was MOVED by Schussler, seconded by Edmondson that the policy of annexation involved in the matter of providing fire protection to the fairgrounds and the City Manager Report on this subject be referred to the Planning Commission for evaluation and recommendation: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. City Manager McMicken referred the matter of the outside utility connection to Planning Director, Jay Otto, who reviewed the memo to the City Manager on this subject dated. March. 28, 1973. He stated that the owners of the property at 53 McNeff Lane, Guy Smith and Ruth .- Kure, desire sewer service to this single- family residence. Mr. Otto further reported that the sewer line along the south side of McNeff Lane can serve this residence at a connection charge of $304.05 and stated that this connection will solve a pollution problem noted by the Yakima County Health District. He further stated that there is a desire to annex, but due to lot size and neighborhood attitudes, it is not practical at this time and reported that the Planning Staff recommends the utility easement running through the lot be required to remain unobstructed. Upon the recommendation of the Planning Staff that this request be approved, it was MOVED by Whitaker, seconded by, Brown that the request for sewer service to 53 McNeff Lane, made by Guy Smith and Ruth Kure be approved: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye -by voice vote. Cole absent. • 553 • • • APRIL 2, 1973 APRIL 6, 1973 r • City Manager McMicken referred the matter of an agreement with the Servomation Corpora- tion for vending machines at the Yakima'Air Terminal, to Director of Services, Jack Dan- iel, who reported that the present vending services by Mr. Mercy are carried on without a . written contract and that he would recommend a contract with the Servomation Corporation of Seattle. Mr. Mercy, being present, asked that his five machines be kept at the Air- port, stating that he would sign a written contract with Airport Manager Jim Eakin. He further covered the reasons why he believes the services should be carried on by his local company. After due discussion, -it was MOVED by Brown, seconded by Whitaker that the matter of an agreement with the Servomation Corporation for vending machines at the Yakima Air Terminal be referred to the City Manager and Staff for more study and discussion: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. . City Manager McMicken referred to the Y.V.T. Franchise negotiations, stating that a re- vised copy of the Ordinance has been.received, which is designed along lines which are agreeable to the negotiators. He also 'reported that the temporary permit for the Yakima Valley Transportation Company will expire at the end of May, making it necessary for action to be taken on this matter in the near future. Mr. McMicken referred to his Report #160 of November 24, 1972, and the City Council minutes of December 18, 1972, pertaining to this matter. After due discussion, it was MOVED by Whitaker, seconded by Brown that a public hearing on the matter of the Y.V.T.•Franchise be scheduled for Monday, April 9, 1973: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. There being no further business to come before the Council, it was•MOVED by Whitaker, seconded by Schussler that this meeting be adjourned to Friday, April 6, 1973, at the • hour of 12:00 Noon, to then meet at the Cosmopolitan Chinook Hotel: carried, Broad, Brown, Edmondson, Schussler and Whitaker voting aye by voice vote. Cole absent. READ AND CERTIFIED ACCURATE BY ;V,&/.7a•/31164 A 7J " NC DATE �/ COUNCILMEN DATE P f ®9 . COUNCILMAN • • • ATTEST:. • . P / / • CITY CLERK MAYOR • ADJOURNED REGULAR MEETING - APRIL' 6, 1973 The City Council met in session at 12 :00 Noon, Friday, April 6, 1973, at the Cosmopolitan Chinook Hotel, Yakima, Washington. . , • Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Howard C. Cole, Don Schussler and Bill Whitaker. ‘Councilman Edmondson absent. Also present were City Attorney, Fred Andrews City Clerk, Jack Daniel; and Jim Bowers, representing the press. Councilman Whitaker requested that the City Clerk investigate the need for a telephone in the sterile concourse at. the Yakima Air Terminal. Mayor Broad informed the Council that legislation for an appropriation to fund eye glasses for law enforcement officers and fire fighters was an agenda item for April 9, 1973. He reviewed the LEFF law related to this subject and an Opinion by the Assistant Attorney General. No formal action was taken on this matter at this time. • Councilman Schussler suggested that the Staff conduct a review of the present system of notification to those parties involved in L.I.D.'s in light of recent complaints that • notification does not reach some interested persons. • Councilman Cole requested that the Council schedule quarterly regular Council meetings away from City Hall. Councilman Whitaker suggested that the Council not implement this practice before the fall season. No decisions were made at this time. • There being no further business to come before the Council, it was MOVED by Schussler, seconded by Cole that we do now adjourn at the hour of 1:20 P.M.: carried, Broad, Brown, Cole, Schussler and Whitaker voting aye by voice vote. Edmondson absent. READ AND CERTIFIED ACCURATE B ' DATE /A—A 1 3 COUNCILMAN . . , /T, a e� DATE . . '1Cn - 73' , COUNCILMAN ATTEST: CITY CLERK - _ - MAYOR -: _ - •