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/