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HomeMy WebLinkAbout01/13/1975 Business Meeting 259 JANUARY 13, 1975 The City Council met in 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, Dick Jarms, W. K. "Pete" Moore, Don Schussler an i ,Bill Simmons. Supervisor of Utility Accounts, JOhn Kincheloe, reviewed the status of the State Auditor's Examination of Utility Accounts for 1973. He observed that the City had rectified its accounts and record-keeping 'criticisms in accordance with the directions of the-State Auditor. An effort has'been made to comply with each recommendation of currenT land past examination reports. The Attorney General's Office has als I/ recognized this responsiveness and has indicated its acceptance of the efforts made thus far. !Personnel Director, Marilyn Farnham, informed the Council of the new projects and jobs contemplated by the City.under Title Six of CETA, 11974, referred to as Emergency Jobs and Unemployment Assistance. A !preliminary list of departmental requests for job assistance was !discussed. Preliminary estimates indicate that nearly 90 positions I will be created for City departments such as Personnel, Purchasing, Parks and Recreation, Public Works, Planning and Transportation. The Council will be apprised of further developments in this area. !Principal Planner, Dick Hill, discussed the Community Development questionnaire, indicating that a published version will be made in Sunday's Herald-Republic. Council members were also reminded to attend Community Development Citizen Involvement meetings Monday - Thursday at various locales around the City. Training and Safety Officer, Ed Davis, reviewed the scope of-Ethnic Awareness Training for the Police Department. It was concluded that the selection of a consultant should be considered with Mr. Davis to !pursue a qualified individual to perform such training in cooperation iwith the Police Department. Councilman Simmons recommended that !further study be given to expanding the scope of the proposed !attitude questionnaire. Councilmen were reminded by the City Manager to attend the Management Training Workshop - Revisited, scheduled for Friday,afternoon at 4:00 P.M. The Ombudsman Plan was discussed. Council members Mayor Broad and Don Schussler requested that Administrative Assistant, Dick Za is, !prepare study materials on the concept in other communities, together :L with a suggested job description for review purposes at the next idy Session. 1 JANUARY 13, 1975 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 Moore. The minutes of the previous regular meeting of January 6, 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. Dr. William Simmons having been appointed as Councilman to fill the unexpired term of Charles A. Rich, who was recently elected to the position of County Commissioner, City Clerk Iris Litzenberger administered the Oath of Office to Dr. Simmons ! at this time. Mayor Broad welcomed Dr. Simmons as a new member of the City Council. 1 A Resolution having been prepared in recognition of the service of Charles Rich during his tenure as Councilman, it was MOVED by Moore, seconded by Edmondson that Resolution No. D-3247, expressing appreciation and commendation to Charles A. Rich, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Councilman Rich was presented I with the Resolution at this time and expressed his appreciation to the Council. RESOLUTION NO. D-3247, A RESOLUTION of appreciation and commendation for the services performed by Charles Rich during his tenure as a Yakima City Council member. i This being the time set for the Hearing on the Appeal from the Planning Commission's action denying the Rezone Application filed by Billington Builders Supply, Inc., for property situated 1 back of 502 and 504 West Nob Hill Boulevard, Mayor Broad noted that in accordance with State requirements, this Hearing would be recorded. He noted that no legislation had been prepared, pending a decision from the Council at this meeting. Principal Planner, Dick Hill, reviewed the action taken by the Planning Commission at their meeting held December 3, 1974, at which time they recommended denial of the rezone. With the use'of a map, he cited the location of the subject property behind the 1 two lots fronting on Nob Hill and emphasized that it is these two back lots being requested for rezone. Mr. Hill reviewed 1 the background information on this request as contained in the Planning Staff Report dated November 20, 1974, and Planning Commission minutes dated December 3, 1974. The General Plan and the Nob Hill Plan indicate this area to be used for arterial , business. He related the Staff's concern due to the location of Billington Builders, being situated along a main route used by automobiles and pedestrians. The applicant proposes expansion of a lumber yard area for parking purposes and indicated the use of this property for a lumber yard is a non-conforming I use, as it violates the City's Zoning Ordinance. Mr. Hill reviewed the reasons for denial by the Planning Commission, to include the following: 1. This would be ii conflict with the Nob Hill Plan. 2. The applicant's stated intended land use would not conform to the B-3 classification. i 1 3. It would intensify land use along a designated school route and would create a potential hazard to the safety of children. 1 ' 4. To intensify use at this time in an area of substandard intersection would certainly add to the impediment of traffic flow and increase the potential of traffic hazards. 5. The applicant is a non-conforming use in an established B-3 zone and to allow expansion of such non-conforming use is in violation of the City Municipal Code. JANUARY 13, 1975 Councilman Schussler questioning the reference to a non-conforming use, Dick Hill indicated that if designated as a lumber yard, it presents a non-conforming use. Mr. Dennis Fluegge, Attorney representing Billington Builders, again located the two parcels in question and reported that the rezone is requested for purposes of parking lot expansion. Mr. Fluegge passed to Councilmen copies of the court decision handed down in 1964 regarding the allowable use of the designated lumber yard by Billington Builders in the B-3, General Business Zone. He reviewed the action whereby Billington Builders, at that time, purchased lots for expansion and stored lumber on the lots. The City subsequently informed them as to their non-conforming use. Mr. Fluegge noted no Ordinances passed since that court ruling change the allowable use of this property by Billington Builders and indicated that the business is being conducted virtually the same as it was in 1964. He felt that the court decision should be binding as to the property use. He pointed out that as a result of recent Council action, parking for Billington Builders will be removed along Nob Hill Boulevard. The proposed expansion will provide more off-street parking and room for large flatbed trucks to negotiate turns without backing into the street. He reported that the house presently on the property will be taken down. Mr. Fluegge suggested that the rezone would improve traffic flow and be in conformance with the Nob Hill Plan, as it attempts to reduce congestion off of Nob Hill. Mr. Fluegge reported that the lots requested for rezone will possibly be used for temporary storage of lumber, enabling the large trucks to load and unload. Dr. Simmons questioned the reference in the Planning Commission Minutes as to the hazard presented for school children in this area. Dick Hill indicated that with the increased movement of cars and trucks in and out of the lot, the traffic hazard could only be compounded. Councilman Moore referred to the action taken several weeks ago, in which the Council gave authorization for a temporary school crossing for Hoover School children at 3rd Avenue and Nob Hill, Traffic Engineer Bill Stark reiterated that the crossing had been temporarily moved from 5th Avenue to 3rd Avenue for school children. Mr. Fluegge indicated that the parking being taken away on Nob Hill will eliminate the parking in front of the store and the backing out of trucks onto Nob Hill. Chief Building Inspector, Newell Pock, commented that if designated as a Home Improvement Center, Billington Builders is permitted in a B-3 Zone. He noted that the proposed use for the expanded lots will be for storage of vehicles and employee parking only, rather than for storage of lumber materials. Present and speaking to this was Marguerite Hackett. It was MOVED by Schussler, seconded by Moore that this Hearing be closed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Councilman Moore agreed that the use by Billington Builders has not changed much since 1964 and indicated that since it would be bad for them not to be provided with parking, the rezone should be allowed. Mr. Fluegge indicated that the parcels are now being used for employee parking and if the rezone is granted, occasionally there will be large trucks loading and unloading, necessitating temporary lumber storage on the lots. Mayor Broad indicated he felt this was a solution to the parking problem and a denial of the rezone would be limiting Billington Builders. Councilman SimmonB indicated that the rezone would not create an adverse effect,7would present a problem if not granted. City Attorney Andrews reminded Councilmen that as a matter of procedure, this appeal must now be referred back to the Planning Commission for rehearing. It was MOVED by Schussler, seconded by Jarms that legislation be prepared referring this matter back to the Planning Commission for a rehearing: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Councilman Jarms suggested that the Planning Commission seek to find more ways to help the business people. - 262 JANUARY 13, 1975 This being the time set for the Hearing on Petition No. 832, filed by Richard D. Smith, Garden Villa Motor Inn, requesting Vacation of portions of North Second Street, and the Planning Commission Hearing having been continued to February 4, 1975, it was MOVED by Schussler, seconded by Brown that this Hearing be continued to February 10, 1975: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. This being the time set for the Hearing on the proposed improvement project for South First Street between Mead Avenue and Washington Avenue, City Engineer, Fritz Jaeger reviewed the plans for the improvement project to include street widening to provide four traffic lanes and a center left turn lane, sidewalk on both sides and utility strips. He reported that there will be drainage features for the full length of the project, street lights installed and full signalization renewed at the Mead Avenue intersection. The project will be constructed within 100 feet of the right-of-way, except at Mead Avenue where some property will need to be acquired. He reported a total project cost of $360,000, with $280,000 coming from FAM funds. The proposed schedule is for early in the Spring. Sewer will also be extended up both sides of First Street. He indicated that the small pieces of property being acquired are all corner cuts. City Manager McMicken indicated that the project conforms to the General Plan for a major arterial street and meets the design standards of a cross section. Bill Stark indicated the widening will provide 64 feet curb-to-curb with 8 foot sidewalk and 4 feet in back of that for utilities. Mr. McMicken - further reported that this project appears on the Six Year Street Construction Plan and had been designated as a high priority in the earlier TOPICS Study. Present and speaking to this matter was George Hiramara and Euclid Gamache. It was MOVED by Schussler, seconded by Edmondson that the Council give approval for the South First Street, Mead Avenue to Washington Avenue Project: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. This being the time set for the Hearing on the proposed improvement project for South First Street and Nob Hill Boulevard Intersection, Traffic Engineer Bill Stark indicated that the project will provide for a turning lane on the south side of South First Street, widening 6 feet and a traffic island installed. With the right turn lane, there will be four lanes in addition to a left turn lane down the center. Existing traffic signals will be replaced. He reported that the present owner of Yakima Tent and Awning concurs with the improvement project and that preliminary appraisals have been done. Mr. Walter Hubbard, representing Sarge Hubbards's store, spoke to the Council regarding the project in relation to his business. He indicated they would like to see someone who is connected with the contracting come in and determine what will have to be done. He indicated they could not give full approval until they now how much of their store area will be taken off and stated they have given suggestions as to some persons they would like to work with. Traffic Engineer Bill Stark indicated the City first needs to get preliminary approval from the State on this project. Fritz Jaeger indicated the City will submit a final Prospectus for the project and once approved, can begin to charge Engineering time.* The City will hire an appraiser and negotiator when approval is given. Mr. Hubbard indicated that their business agreeS, to the present line drawn inside the building, but if they find that more space needs to be taken, it may create some ' problems, as future plans will need to be made. Also present and speaking to this matter was Director of Public Works, Dave Vargas. It was MOVED by Schussler, seconded by Brown that the Council give approval of the South First Street and Nob Hill Boulevard Intersection Improvement: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. *Mr. Jaeger further indicated that the City should have State approval on the preliminary plans and be able to proceed with an appraiser within approximately one month. c)(bo JANUARY 13, 1975 Kathlyn McGuire,304 North 37th Avenue, being present, remarked about the increasing number of persons purchasing guns in Yakima and questioned whether all are properly trained in handling guns. She suggested that some requirement be made for gun permits and instruction in how to handle them. City Attorney Fred Andrews indicated this is an area handled by the State and if a State permit is granted, they can carry a gun, so that the City cannot make this a mandatory condition, but he concurred with the suggestion on some type of classes in handling guns. Mayor Broad stated he would investigate possible avenues for such voluntary classes. Director of Management and Budget, Bob Hilsmann, reviewed the proposed Collective Bargaining Agreement, with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO, for the years 1975 and 1976. He noted this is a 2-year agreement basically the same as last year, with the exception of the new salary schedule and provision for an increase of $10 on the medical benefits. He reviewed the method for determination of the cost of living increase as contained in the Agreement. It was MOVED by Brown, seconded by Edmondson that Resolution No. D-3248, authorizing the execution of said agreement, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3248, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Collective Bargaining Agreement with the Washington State Council of County and City Employees, Local 1122 of the American Federation of State, County and Municipal Employees, AFL-CIO. City Attorney Fred Andrews explained the proposed agreement for the execution of a sewer line installation agreement with Mr. and Mrs. Eckert Wintzer. As authorized by State provisions, the City has installed a sewer line along 51st Avenue,which ran through several unimproved lots. The applicant paid the entire cost when the line was installed and it is paid for by adjacent property owners as their lots are improved and hooked onto the line. They pay a connection fee and the Wintzers are reimbursed. It was MOVED by Schussler, seconded by Moore that Resolution No. D-3249, authorizing the execution of said agreement, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3249, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Eckert R. Wintzer and Marianne — intzer, husband and wife, for the construction of a domestic sewer line. In accordance with the approval given for the South First Street, Mead to Washington Improvement Project at the Hearing held on this date, it was MOVED by Brown, seconded by Schussler that Resolution No. D-3250, authorizing the execution of an agreement with the State Highway Commission for funding of said project, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3250, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute an agreement with the State of Washington Highway Commission for the improvement of South First Street from Washington to Mead Avenue. In accordance with approval given at the Hearing held on this date for the South First Street and Nob Hill Boulevard Intersection Improvement Project, it was MOVED by Brown, seconded by Schussler that Resolution No. D-3251, authorizing the execution of said agreement with the State Highway Commission for funding of said project, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. 264 JANUARY 13, 1975 RESOLUTION NO. D-3251, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute an agreement with the State of Washington Highway Commission for the improvement of South First Street and Nob Hill Boulevard Intersection. It was MOVED by Schussler, seconded by Moore that Resolution 1 No. D-3252, authorizing the payment of $43.98 for a Damage ! Claim filed by Johnnie Hook, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. RESOLUTION NO. D-3252, A RESOLUTION authorizing payment of $43.98 to Johnnie Hook in settlement of a Claim for Damages filed with the City of Yakima. A report having been received from the City Engineer on the completion of work and recommendation that said work be accepted and final payment made on the Voelker Addition No. 1 Domestic Water Improvement, it was MOVED by Schussler, seconded by Edmondson that the report of the City Engineer dated January 10, 1975, with respect to the completion of work from Public Works Contract I Voelker Addition No. 1 Domestic Water Improvement, be approved, the work be accepted and payment of the final estimate as therein 1 set forth is hereby authorized: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Director of Public Works, Dave Vargas explained the proposed Ordinance granting a five-year franchise to Union Pacific Railroad Company for installation of a railway spurr track across Division I Street. He indicated the ordinance is in a standard form the City has adopted for allowing tracks to cross City Streets 1 and reviewed the requirements the City and Railroad will follow as outlined in the agreement. It was MOVED by Schussler, seconded by Simmons that Ordinance No. 1743, granting said franchise to Union Pacific Railroad Company, be passed: carried, Broad, 1 Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1743, AN ORDINANCE granting to OREGON-WASHINGTON 1 RAILROAD AND NAVIGATION COMPANY and its lessee UNION PACIFIC RAILROAD COMPANY, a franchise to operate and maintain a railway track across Division Street in the City of Yakima. Director of Management and Budget, Bob Hilsmann, referred to the Ordinance adopting a Group Dental Insurance for certain employees and recommended the approval of Great West Life Assurance Company. He reported that effective January 1, 1975, the program would provide dental coverage for Police Patrolman and Sergeants . 1 and non-LEFF employees of the Fire Department. He reported , 1 a monthly rate of $5.51. It was MOVED by Schussler, seconded by Simmons that Ordinance No. 1744, adopting said group dental ! 1 insurance and providing a revised schedule for City contributions . 1 to premium payments for group medical insurance, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and , Simmons voting aye on roll call. ! . I ORDINANCE NO, 1744, AN ORDINANCE relating to City personnel; adopting group insurance programs for certain City employees and providing for partial payment of premiums; enacting subsection 1 2.04.010 B, amending subsection 2.04.030 B and enacting subsection . 2 . 04 030 C, all of the City of Yakima Municipal Code; and declaring . I an emergency. 1 1 I ' 265 JANUARY 13,_1975 A report having been received from the Planning Commission on the Rezone Application filed by Jack Teitenberg, requesting ' the rezone of property located at 1708-1712 South 24th Avenue, it was MOVED by Schussler, seconded by Moore that January 27, 1975 be the date set for Hearing on this matter: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Petition No. 836 having been filed with the City Clerk on January 6, 1975, by William Stubbe and others, requesting the improvement of property by the construction of a sewer along 62nd Avenue, it was MOVED by Schussler, seconded by Brown that Petition No. I/ I 836, for the creation of a Local Improvement District, be referred I to the City Manager and staff for study and recommendation: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. City Manager McMicken requesting authorization for out-of-state travel for Gail Newland, Police Department, to travel to Quantico, I Virginia, to attend a Finger Printing School, January 18 - ' February 8, 1975, it was MOVED by Schussler, seconded by Jarms that said travel be approved: carried: Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. City I Manager McMicken noted that the travel and schooling will be Federally funded. There being no further business to come before the Council, it was MOVED by Simmons, seconded by Moore that this meeting be adjourned at 5:00 P.M., to Friday, January 17, 1975, at the hour of 12:00 Noon, to then meet in the Flight Deck Restaurant: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. READ AND CERTIFIED ACCURATE BY c% g DATE COUNCILMAN • //z DATE /-2 7- 5 r 4 OUNCILMAN ATTEST: I • Zi Zol CITY / ERK MAYOR