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HomeMy WebLinkAbout04/28/1975 Business Meeting 352 APRIL 28, 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, Dick Jams, W. K. "Pete" Moore, Don Schussler and 'Bill Simmons. !City Attorney Fred Andrews reviewed proposed legislation against 1 ,prostitution which would make it illegal for any male to patronize a prostitute. In discussing the matter, Council member Edmondson inquired as to whether the new legislation would open the door ;for improved enforcement. Police Chief Jack LaRue indicated that {enforcement would not necessarily improve at the outset but that !once the community was aware that the legislation was in force, the controls should become increasingly effective. Wray Brown indicated that inasmuch as the Council was contemplating such qegislation, some reconsideration should be given to prohibiting !body shops in the City as well as controlling massage parlors. The Council was somewhat uncertain as to whether body shops should be prohibited or regulated. However, upon consideration, the !Council requested the City Attorney to proceed with legislation that would regulate massage parlors and prohibit body shops. Principal Planner Dick Hill reviewed a new series of group homes !definitions with the City Council. Councilman Schussler indicated that from a zoning standpoint he had reservations about the Council even considering differences in boarding homes versus group homes, inasmuch as the definitions between the two were very similar. Dick Hill responded that there is a significant distinction between zoning and conditional use permits which is the basic issue in deliberating over group home definitions. In consideration of possible legislation on the subject, Betty Edmondson expressed opposition to any ordinance which would make the Planning Commission la decision making body that could grant a conditional use permit Irather than leaving that authority with the City Council. Dick Hill pbserved that this type of authority was being exercised now by the Board of Adjustment concerning preliminary plats, and that having the Planning Commission grant a C.U.P. would not be that radical a departure from present decision making authority. In reflecting upon the definitions outlined, the City Manager suggested that if enough sufficient Council concensus was demonstrated, new legislation would be drafted in accordance with the definitions iproposed. In regard to the decision making authority of the Planning Commission, the Council was reminded that the appeal procedure !would always be available for dissatisfied interests to bring the issue to the attention of the City Council. Director of Parks and Recreation, Bill Hutsinpiller, briefed the ICouncil on the proposed park at 16th and Tieton Drive, and reported that the cost estimate for development was $5,100 of which approximately 1$881 would be donated by the Yakima Garden Club, However, Hutsinpiller !indicated that annual cost for maintenance of the area, in terms of labor, equipment and materials, would amount to over $4,000 annually. The site of the park belongs to YVT and it is hoped that the City and YVT would split remaining development and maintenance !costs. The proposed plan is scheduled to be heard by the Planning !Commission May 6 and subsequently by the Parks & Recreation Commission. It will come before the Council May 12. APRIL 28, 1975 At 3:00 P.M., the Council members moved into the Council !Chambers for the balance of the meeting, Assistant Mayor !Brown presiding, Councilmen Edmondson, Jarms, Moore, Schussler and Simmons, City Manager McMicken and City Attorney Andrews !present on roll call. Mayor Broad absent and excused. The Invocation was given by Councilman Brown. The minutes of the previous meeting of April 21, 1975, lhaving been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Assistant Mayor Brown declared said minutes approved as recorded. This being the time set for the Hearing on the Rezone Application !filed by Associated Realtors, requesting the rezone of 1 ' property located at N. 4th Street between "D" and "E" Streets, Principal Planner, Dick Hill reviewed the Planning Staff iReport and Planning Commission Minutes on this request ;dated March 25, and April 1, 1975, respectively. He reported the recommendation from both the Planning Staff and Planning !Commission for approval of this request to rezone approximately 113 lots from R-3, Multiple-Family Zone, to a B-1 zone, Modified Business Zone for the purpose of constructing a large office :building on a portion of these properties. It was MOVED Iby Edmondson, seconded by Jarms that Ordinance No. 1778, !accepting the recommendation of the Planning Commission and rezoning said property, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. ORDINANCE NO. 1778, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at N. 14th Street between "D" and "E" Streets from R-3, Multiple- Family Zone Zone to B-1, Modified Business Zone. This being the time set for the Hearing on the Rezone Application filed by Lincoln Center, Inc., requesting rezone of property located at 2105 Lincoln Avenue, Principal Planner, Dick Hill, reviewed the Planning Staff Report and Planning Commission !Minutes on this request dated March 26 and April 1, 1975, !respectively. He reported that the applicant requests a rezone from a combination of R-2, R-3 and B-2 zones to a B-3, General Business zone for the proposed construction of a roller skating rink at the Lincoln Center site. He noted it would serve a community-type use, fitting well into the area. Mr. Rice stated that the Planning Staff had recommended a Planned Development be considered, but the Planning Commission recommended approval of the B-3 ;Zone; He reviewed the plans for ingress and egress through 'the six means of access to Lincoln Center. Mr. George Cahoon, Lincoln Center, Inc., being present, made a brief explanation of how the proposal was put together and showed blue prints of how the proposed rink will be situated on the property, reiterating the sufficient amount of parking as well as ingress and egress. He noted there will be approximately 300 parking spaces and reported that no particular 'traffic problem is forseen at this location. It was MOVED by Jarms, seconded by Edmondson that Ordinance No. 1779, laccepting the recommendation of the Planning Commission and rezoning said property, be passed: carried, Brown, !Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. 1 1 1 354 APRIL 28, 1975 ,ORDINANCE NO. 1779, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning properties at 2105 Lincoln Avenue from R-2, Two-Family Zone, R-3, Multiple-Family Zone, and B-2, Local Business Zone, to B-3, General Business Zone. City Manager McMicken again reviewed City Manager Report No. 240 regarding Weed Abatement, noting the four steps proposed for combating the weedy lot problem, as outlined in the report. Mr. Bob Lewis, Box 1393, Yakima, being present, objected to the proposed Ordinance, stating he did not feel it should be part of the City's Fire Code and indicated he felt it was an effort to take care of weeds which were not necessarily fire hazards, to provide for beautification. Mr. Lewis reviewed incidents in the past whereby he was asked to remove weeds that were not specifically fire hazard and the amounts he spent at various times in order to comply with these requests. He asked that the Council consider the cost of this program to both the lot owner and Councilman Moore explained that the City needs a method whereby weedy lots will be handled before they become fire hazards. He noted it would provide a method whereby if the owner does not comply, the weed problem be taken care of by the City and charged to the owner. Miss Marguerite Hackett, being present, indicated she had received notices regarding weedy lots that she does not own. Fire Marshal Ed Lexa, reported that last year approximately 800 parcels were surveyed and approximately 700 letters sent out. He reported problems with approximately 15% in not getting compliance. He explained that owners are often not in the City and there is often difficulty in locating the legal property owner. Councilman Simmons questioned what would constitute a fire hazard and Fire Marshal Ed Lexa indicated such things as height and combustability. Also present and speaking to this matter were Mr. Gordon Wonder and Mr. Clem Enright. Councilman Jarms felt the matter should be brought back the following week for action. It was the consensus of the Council that the matter of weed abatement be brought back next Monday for Council action. In accordance with the decision of the Council at last week's Study Session, it was MOVED by Schussler, seconded by Moore that Resolution No. D-3308, endorsing the Emergency Medical Services Advisory Council, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3308, A RESOLUTION endorsing the Emergency Medical Services Advisory Council of Yakima County. City Manager explained the proposed resolution authorizing an agreement with the State Department of Highways for improvement of South 16th Avenue and Nob Hill Boulevard traffic signals, noting that the City had budgeted $45,000 for these signals and recently authorized the application for 90% funding which has been approved. A contract has been prepared which will return 90 percent of the project costs. LIt was MOVED by Edmondson, seconded by Simmons that Resolution No. D-3309, authorizing the execution of said agreement with the State Department of Highways, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3309, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute an agreement with the State of Washington, Department of Highways for the improvement of traffic signals at So. 16th !Avenue and Nob Hill Boulevard. r )00 APRIL 28, 1975 City Manager McMicken explained that the City will pay $1500 for an easement grant from the Yakima Valley Transportation Company, as required for the So. 3rd Avenue Arterial Street Improvement Project. It was MOVED by Moore, seconded by Simmons that Resolution No. D-3310, authorizing the acceptance of said easement grant, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3310, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute acceptance by the City of an easement grant from the Yakima Valley Transportation Company. City Manager McMicken explained the proposed resolution with the United States Department of Agriculture for sewage sludge disposal from the proposed Naches Ranger Station Sewage Treatment Plant to the Yakima facility, which is proposed for operation by November, 1975 or Summer of 1976. It was MOVED by Simmons, seconded by Jarms that Resolution No. D-3311, authorizing the execution of said agreement, be passed: Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3311, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the United States Department of Agriculture, Forest Service, for sewage sludge disposal. It was MOVED by Moore, seconded by Simmons that Resolution No. D-3312, authorizing the extension of repayment dates for loans from the Water-Sewer Fund to the Refuse Fund, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3312, A RESOLUTION extending repayment dates for loans from 473-Water-Sewer Fund to 471-Refuse Fund. City Manager McMicken reported on two Outside Utility Requests for properties at 32nd and Englewood Avenue, noting that it concerns a short plat filed with the County by Lloyd Hammerstad. He noted that last week the Council approved extension of utilities to lots 1 and 4 and this request concerns lots 2 and 3. Mr. McMicken noted there is a problem with what constitutes a legal road, noting these lots do not meet the City's requirements for having frontage on a dedicated street. He cited a problem for the City in extending utilities to this site in accordance with applicable City Codes as if located inside the City limits. Accordingly, he noted the staff recommends the request be denied to these two lots. The'applicant proposes that the owner of lot 1 and 4 give an easement of 25 feet for each of the lots. Mr. McMicken further noted a problem in approving a 25-foot access road. Mr. Bill Marples, noted that the property is not suitable for anything but dividing into two lots. He noted that the 25 foot easement would serve the back two lots noting the City and County accept that size, but noted a number of other lots with less access. He reported that the lots will be built on as a possible arrangement for agreement with the property owners for road upkeep. Councilman Jarms spoke in favor of extending utility service to the two lots as requested. It was MOVED by Jarms, seconded by Moore that the two outside utility requests for property at 32nd and Englewood Avenues, as requested by Mr. Hammerstad, be approved: carried, Edmondson, Jarms, Moore and Simmons voting aye by voice vote; Brown and Schussler voting nay by voice vote. Broad absent. 9 - 11 tAJ APRIL 28, 1975 An Ordinance transferring $2,334, from the Contingency Fund for appropriations in the General Fund to pay printing costs of the City Traffic Code, having been read by title only at the previous meeting, being read by title only at this meeting, was laid on the table for one week or until May 5, 1975. City Manager explained that costs for the City's Traffic Code Supplements were budgeted last year but final payment due the printing did not occur until 1975. It was MOVED by Schussler, seconded by Simmons that Ordinance No. 1780, approving the Environmental Impact Statement for the Central Business District Improvement Project, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting on roll call. Broad absent. Councilman Jarms spoke regarding the possible cutting of the main arteries to the downtown area, stating that getting persons downtown would solve some problems and that more would utilize the core area if they are able to reach the downtown area. Councilman Simmons also commented that the whole business area needs to be taken into consideration. ORDINANCE NO. 1780, AN ORDINANCE of the City Council of the City of Yakima, Washington, approving the improvement of the downtown area of the City by the acquisition, construction and installation of off-street parking facilities, improvements to pedestrian spaces and general improvements to such area; authorizing the publication of Notice of Action and filing of an Environmental Impact Statement therefor, and ratifying and confirming the passage of Ordinances 1718, 1719 and 1720 of the City. A recommendation having been received from the Planning Commission on an Outside Utility Request for property at No. 60th Avenue and Lincoln Avenue, it was MOVED by Schussler, seconded by Edmondson that May 12, 1975 be the date set for Hearing on this matter: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Broad absent. Petition No. 850 having been filed with the City Clerk on April 21, 1975, by Margaret Mary Poppers, requesting the vacation of a utility easement in Carriage Hill Addition, it was MOVED by Schussler, seconded by Edmondson that said petition be referred to the City Manager and staff for study and recommendation: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Broad absent. Petition No. 851 having been filed with the City Clerk on April 23, 1975 by Yakima Valley College, requesting the vacation of So. 14th Avenue between West Nob Hill Boulevard for one block south to Hamm Avenue, it was MOVED by Schussler, seconded by Jarms that said Petition be referred to the Planning Commission for its Hearing June 3, 1975, and that Resolution No. D-3313, fixing June 9, 1975 as the date for Council Hearing on this matter, be passed: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. Broad absent. RESOLUTION NO. D-3313, A RESOLUTION fixing the time and place for Hearing on a petition for vacation of portion of South 14th Avenue within the City of Yakima. Damage Claims having been filed with the City Clerk on: a. April 21, 1975, by Jerry Dorn, 1224 So. 12th Avenue, in the amount of $292.74 for damages from a City sewer backup; b. April 22, 1975, by Arnold and Vivian Burton, in the amount of $835 for damages to property from excavation; c. April 22, 1975, by Floyd and Ruth Lewis, 404 N. 40th Avenue, in the amount of $5,000 for property damage from City sewer backup, . , APRIL 28, 1975 - APRIL 29, 1975 it was MOVED by Schussler, seconded by Jarms that said Damage Claims be referred to the City Manager and Staff for study and recommendation: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Broad absent. There being no further business to come before the Council, it was MOVED by Moore, seconded by Simmons that this meeting be adjourned at 4:30 P.M., to Tuesday, April 29, 1975 at the hour of 12:00 Noon , to then meet in the Holiday Inn: carried, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by voice vote. Broad absent. READ AND CERTIFIED ACCURATE BY 4, i 7 )1 DATE 2 WAN SP% CliNCILMAN 242256 hvyrtlikrar%3 COUNCILMAN DATE m 1 , ATTE,v: y -- Ake J' i- ; - t -- -: __ ------ -AG-T---1446-- CITY CLER ' ' MAYOR z, ADJOURNED REGULAR MEETING - TUESDAY, APRIL 29, 1975 The City Council met in session on this date at 12:00 Noon in the Holiday Inn, Yakima, Washington. Councilmen present at the meeting were Mayor Bert Broad, Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler and Bill Simmons. Councilman Brown absent. Council members held general discussion on various city matters. No formal action was taken. There being no further business to come before the Council, it was MOVED by Moore, seconded by Simmons that we do now adjourn at the hour of 1:30 P.M.: carried, Broad, Edmondson, Jarms, Moore, Schussler and Simmons voting aye by vo' e vote. Brown absent. READ AND CERTIFIED ACCURATE BY 1 / 4 . 1 `A-- : ,,,, -,i, DATE .: [1(, COUN _fLMAN DATE COUNCILMAN ... ATTEST: CITY C. RK / MAYOR