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
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' 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.
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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.
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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,
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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.
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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
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COUNCILMAN
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CITY C. RK / MAYOR