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HomeMy WebLinkAbout10/27/1975 Business Meeting • 507 OCTOBER 27, 1975 The City Council met in session on this date at 1:30 P.M. in the Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore, Don Schussler and Dr. Bill Simmons. City Manager McMicken reviewed the City's Room Tax Receipts to date drom May 1, 1974 - September 19, 1975. Total collections amount to $65,395.46. County Room Tax Receipts for the same period of time amount to $27,413.52, of which the City had received $24,376.33. The Council listened to a presentation by Mr. Joe Thomas of Public Technology, Inc. and Training and Safety Officer Ed Davis concerning a I/ review of the Fire Station House Locator Program. Data collection and data purification is completed and the analysis phase of the study is now beginning. The first results should be available no later than November 1, 1975. Architect Ron Cameron next presented a review of the Bicentennial Pavilion building design renderings for the Council's information. Included in these were elevation and floor plan descriptions. Council members were reminded of the groundbreaking ceremonies on October 31 at 9:30 A.M. 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, Jarms, Moore, Schussler and Simmons, City Manager McMicken and City Attorney Andrews present on roll call. The Invocation was given by Councilman Brown. The Minutes of the previous meeting of October 20, 1975, 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 zoning amendment ordinances, to include conditional use permits, an ordinance defining terms and an ordinance regulating land use in various zone classifications, Principal Planner Dick Hill briefly reviewed the process of Hearings and revisions over the past year, resulting in the present ordinances before the Council on this date. The Planning Commission now recommends adoption of the three proposed ordinances. Mr. Hill explained that if adopted, it would change the process by which conditional use permits would be reviewed by the Planning Commission as opposed to the present procedure before the Board of Adjustment. In addition, there would be review by the Planning Commission and appeal to the City Council rather than through the courts. He emphasized that the ordinances attempt to smooth out differences related to group homes encountered in the past. In addition, there would be an amendment to specify use regulations in each zoning district, making some subject to conditional use permits. Mr. Hill recommended these ordinances go back before the Planning Commission II for final review before the Council takes action. Mr. Bob Lolcoma, 321 North 32nd Avenue, Department of Social and Health Services, related difficulties posed by the definition of a Foster Home as found under Section 12.04.162, because it is more restrictive than State Law or the Administrative Code for licensing Foster Homes. He related that the Administrative Code allows a home with more than six children to care for at least one foster child. The Administrative Code allows not more than six under the age of eighteen. If passed, four group homes are immediately affected. His department has to license homes for children seventeen and eighteen and over who are not yet independent. Mr. Lblcomaquestioned how a Family Day Care Home is related to this ordinance. Mr. Hill indicated the ordinance does not specifically speak to that, only child care. Mrs. Helen Hinman, 3002 Barge, Yakima Valley Foster Association, spoke to the ordinances and distributed a letter to Councilmen indicating current licensing does not affect those older than eighteen. Where the total number of children eighteen and under does not exceed six,.she indicated the legislature allows funding for those over eighteen not yet emancipated and indicated they are normally considered emancipated at eighteen. Mr. Gene Gandy, 1104 West Lincoln, favored the conditional use permit ordinance, but objected to the definition of a family to include an increase from five to eight people who are unrelated living in the same house as a family unit. He felt it should be less than five. A 508 OCTOBER 27, 1975 In reference to use restrictions, he called attention to five items of more intensive use in a R-1 and R-2 Zone listed in the Ordinance which were not previously allowed, to include: boarding or lodging houses for not more than six persons, child care nurseries, foster homes, day care centers and group homes for six or less patients. Concerning child care and day care centers, he felt these would reduce property values in the R-1 zone. Mr. Dick Smith, Attorney representing Youth Homes Associated, spoke to the definition of group homes, indicating this definition limits present practices. Under Section 12.04.179 he asked for a change in terms re predelinquent children, since homes have asked for some delinquent children. He further referred to Section 12.04.183 regarding half way houses, asking that a slight change of wording be made in reference to returning juvenile delinquents. It was explained that the group homes would be alloiWed-in an R-1 zone with one to six persons and a Half1Nlay with one to nineteen persons in an R-3 Zone by Conditional Use Permit. Mr. Herb Frank, 204 Lester Avenue, spoke to_the recommendations from people of the community in the past that an R-1 Zone remain single-family, noting that if changes are allowed, then the zone should be changed and not the uses in the Zone. Others endorsing Mr. Frank's remarks were Dr. W. Schuler Ginn, Donald Dwinell, Eleanor Sockmann, Helen Holt and Mr. Olson. By show of hands, several others indicated they were in favor of Herb Frank's remarks. Mr. Max Vincent, 308 North 2nd Street, emphasized a need for uses such as mini storages in residential zones. Anna McDonald requested that the Council consider group homes as conditional use permits in a R-1 zone. Also present and speaking to this matter were Mr. Everett Terril and Robert Austenfeld. Councilman Schussler gested the proposed legislation so that Group 7omes of one to twenty be permitted only in an R-3 Zone by a conditional use permit, and delete group homes in R-1 Zones as a matter of right. Councilman Moore asked for further consideration of the definitions of family, foster home and family day care homes. He further recommended that the half-way house provisions include those almost entering as well as those leaving institutions. Councilman Edmondson asked that in relation to foster homes, the staff also look into senior citizens' foster homes. Her proposed changes included wording changes for certified mail under Section 12.53.060, and the $25 appeal fee be removed under Section 12.53.070. Councilman Schussler felt these recommended changes should go to staff for revision of the ordinances to be brought back before the Council before final review by the Planning Commission. Mayor Broad indicated staff and Council would proceed on that basis. Mr. Everett Terril spoke to the Council regarding the drive in entrances to private parking lots, citing a need for upgrading the entrance surface to the Yakima Federal Parking lot on South 2nd Street. City Manager McMicken indicated that area is included for redesign in the downtown improvement project. City Manager McMicken requested authorization to engage Foster and Marshall Inc., as financial consultants for the issuance of Bicentennial Pavilion Limited Tax General Obligation Bonds, noting they would be engaged earlier this year. Issuance of the bonds are to be supported from County Room Tax funds. Fee for their services will be approxi- mately $1,200. It was MOVED by Brown, seconded by Schussler that Resolution No. D-3403, authorizing the engagement of Foster and Marshall Inc., be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3403, A RESOLUTION engaging Foster and Marshall, Inc., as financial consultants in connection with the sale by the City of Bicentennial Parking Limited Tax General Obligation Bonds. City Attorney Andrews explained the necessity for court action to enforce two option agreements pertaining to site aquisition for the Bicentennial Pavilion parking. He explained that the City took options for eight parcels of property just east of the site from Noel-Lewis-Cook, with six acquired to date. The owners of two parcels refuse to comply with the options for sale. It was MOVED by Jarms, seconded by Brown, that the City Attorney be authorized to take court action to enforce said option agreements: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken requested authorization to engage Sam J. Burns, Sacramento Convention Center Manager, to advise on Bicentennial Pavilion organization and administration, reviewing his letter to the Manager dated October 22, 1975. The City will pay a fee of $20.00 per hour plus expenses, estimating 50 to 100 hours involved at a total cost of ■ 509 OCTQBE.R 27, 1975 $1,500 to $2,500. It was MOVED by Brown, seconded by Schussler that the City contract with Sam J. Burns for services on the Bicentennial Pavilion: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. In accordance with the previous letter received from Frank Bradley, President of the Capitol Theatre Committee, it was MOVED by Schussler, seconded by Brown that Resolution No. D -3404, authorizing execution of an agreement with the Capitol Theatre Committee for theatre consulting and advisory services, be passed: carried, Broad, Brown, Jarms, Moore, Schussler and Simmons voting aye on roll call. Edmondson voting nay on roll call. RESOLUTION NO. D -3404, A RESOLUTION authorizing and directing the I/ City Manager and City Clerk of the City of Yakima -CO execute an agreement with the Capitol Theatre Committee for theatre consulting and advisory services. A request having been received from Mr. Don Williams for a permit for private helipad at 4508 Carriage Hill, it was MOVED by Schussler, seconded by Edmondson that November 10, 1975, be the date set for hearing on this matter: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Traffic Engineer Bill Stark presented a status report on the improved street lighting for East Yakima under the Community Development Act Funding. The City received approval to go ahead in July, and submitted a request to Pacific Power & Light for their share of costs for install- ation. He indicated the City will bid new equipment. The present incandescents will be replaced with 7,000 watt luminaires. Costs from PP &L are expected by the 1st of November and the staff will review their rates. These will probably be installed next year and the City will contract with PP &L for the poles. A report having been received from the Planning Commission on approval of the Preliminary Subdivision Plats for Zeb A. and Michele M. Lilja, Lilja's Sunrise View Addition, it was MOVED by Schussler, seconded by Brown, that November 10, 1975, be the date set for hearing on this request: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Petition No. 865 having been filed with the City Clerk on October 23, 1975, by 85 property owners protesting the repair, construction and improvement of sidewalks pursuant to provisions of No. 1704 and Sidewalk District A -150, it was MOVED by Edmondson, seconded by Simmons that said petition be referred to the City Manager: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Mr. Dick Smith, Attorney representing the Apart- ment Owners Association, explained why the petition was submitted. Originally 174 parcels were to be assessed, with 52 having subsequently been determined to be in satisfactory condition and therefore left out, leaving 122 to be improved. He noted approximately 70 per cent of the parcels involved are protesting. He indicated that the persons signing the petition are asking that the City not repair sidewalks by the method of concrete slab replacements, stating that asphalt repairs are still suitable. He emphasized it is an extra burden on the people of the east side because they could repair with asphalt and make the sidewalk safe for less money then with the City paying half for concrete replacement. Mr. Smith felt there had not been adequate information given to people, making them aware that they can repair the sidewalk at their own expense. In response to a question from Councilman Edmondson, Mr. Smith indicated that many persons indicate a willingness to repair the sidewalk themselves, if allowed to use asphalt. City Manager McMicken reviewed the process followed in notifying persons of their options to repair, indicating that 101 notices had been mailed from a revised list and that 57 affirmative responses had been received, noting approximately 56 per cent in favor. He further indicated that another hearing will be held to allow more input from property owners. Others present and objecting to the proposed method were Marion Weinman, Mr. O. F. Gilbert, Larry Robinson, Lucy Urlacker and Frank Streng. 510 OCTOBER 27, 1975 There being no further business to come before the Council,it was MOVED by Schussler, seconded by Moore, that we do now adjourn at the hour of 5:15 P.M.: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. READ AND CERTIFIED ACCURATE BY /' OUNCILMAN DATE II. 3. •5 COUNCILMAN ATTEST: /7 $ 00! CITY CI,:,RK MAYOR I/