HomeMy WebLinkAbout05/19/1975 Business Meeting 376
MAY 19, 1975
The City Council met in session on this date at 6:30 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 Jarms, W. K. "Pete" Moore, Don
Schussler and Bill Simmons.
City Council continued its discussion of the Bicentennial Pavilion
proposals. Mayor Broad and Dr. Simmons expressed some concern
about the affirmative action requirements that might be necessary.
The City Manager responded that declarations of affirmative
action would be reviewed by the City for any proposal that
I might be selected.
The City Manager inquired as to whether the Council was prepared
I to make a preliminary decision concerning the Pavilion proposals
as requested in City Manager Report No. 242. In response,
the Council asked about the availability of parking should
the Noel-Cook-Lewis proposal be selected. Community Development
Director Fred Stouder reported that there was indeed a parking
problem and that an additional evaluation of extra parking
needed, was being conducted. He indicated that under the Cook-
Lewis proposal, several alternatives would have to be explored
for the acquisition of adjoining property for parking. The
City Manager indicated that if additional parking was necessary,
1 the County Room Tax would afford important additional funding
for parking acquisition. Mayor Broad also mentioned that should
parking costs exceed funds which have been set aside for the
i Bicentennial Pavilion, there might be some additional reliance
upon the cumulative reserve in sales tax.
j Councilman Schussler asked for an assessment where the City
! was financially on downtown redevelopment. Schussler observed that
I the downtown project has a much higher priority than the Bicentenn-
I ial Pavilion and should be given lireferable consideration within
whatever funding limitations City faces. The City Manager
reported that a Study Session would be devoted to discussing
downtown redevelopment and reported that the law suit contesting
I the environmental impact statement concerning the project had
been dismissed by the court, and that the City was now cleared
for action in progressing with downtown redevelopment plans.
Councilman Betty Edmondson requested that the Manager prepare
a fact sheet on the downtown city financial obligations verses
the Bicentennial Pavilion requirements in terms of funded and
i non-funded obligations.
Don Schussler observed that the convention center must be self-
! supporting and that the City should not be called upon to bail
I out the center otherwise. Councilman Brown indicated that
because the City was experiencing an increase in revenue due
to gambling, that those dollars might perhaps be considered
1 for use in connection with the Bicentennial Pavilion. However,
I Don Schussler suggested that no,other funds be tabbed to support
I the cost of operating or constructing the convention facility
and the City Manager observed that it was the Visitors and
Convention Bureau's obligation to make the Pavilion a self
supporting operation. The Manager indicated that he would
come back to the Council with a project budget which would
; be accomplished within the next two or three weeks if the Council
so directed at the regular session.
0.1 Am)
MAY 19, 1975
At 8:00 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, and City Manager McMicken present on roll call.
The Invocation was given by Councilman Simmons.
The minutes of the previous meeting of May 12, 1975, having
been read by two Councilmen, and no one present wishing to
have said minutes read publicly, Mayor Broad declared said
minutes approved as recorded with two noted corrections.
This being the time set for the Hearing on Resolution of
Intention No. D3306, to create a Local Improvement District
by the construction of curb, gutter and surfacing in the
vicinity of Carriage Hill Drive and North Conestoga Boulevard,
having been continued from last week, Mayor Broad indicated
that the area involving 1st and 2nd Avenues, King Street to
Pierce, have been protested out and thus removed from the District.
It was noted that the Ordinance has been redrafted according
to the revised protest report received from the Engineer's
Office on this date. It was MOVED by Schussler, seconded
by Brown that Ordinance No. 1787, creating L.I.D. No. 1005,
1975 Street Paving District, be passed: carried, Broad,
Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
aye on roll call.
ORDINANCE NO. 1787, AN ORDINANCE providing for the improvement
of certain streets by grading, ballasting, surfacing with
asphaltic concrete and constructing concrete curbs and gutters,
together with necessary drainage features; establishing a
Local Improvement District, providing for the method of payment
thereof, and creating a special fund.
This being the time set for the Hearing on the Appeal from
the Planning Commission's action denying the Rezone Application
filed by Robert L. Suver and Paul LaChance for property located
along Naches Avenue and 6th Street between Yakima Avenue
and Lincoln Avenue, having been continued from March 17,
1975, Associate Planner Glenn Rice reviewed the Planning
Staff Report and Planning Commission Minutes on this subject
dating back to November 6 and November 12, 1974, respectively.
Mr. Rice noted the inconsistency of this rezone with the
requirements of the City's General Plan and CBD Plan. He
recommended that this area in question remain Multi-Family,
emphasizing the following reasons:
1. The rezone is inconsistent with the General Plan of
the City;
2. The proposal is in direct opposition to concepts
of the Central Business District Plan which
discourages unecomonical sprawl of commercial
development into the peripheral areas of the
Central Business District;
3. The rezone would nullify the positive effect of
the 40-foot Naches Avenue Parkway which creates
a buffer between the commercial and non-commercial
uses located in this portion of the City;
4. That the area for which the rezone is sought should
remain classified as Multiple-Family Residential
to serve needs of people desirous of living near
the downtown area;
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MAY 19, 1975
5. That the area is properly situated so as to support
continued improvement and redevelopment as Multiple-
Family Residential;
6. That sufficient commercial zoning already exists in
the downtown area and its immediate environs to
support future office development.
He reiterated the recommendation of both the Planning Staff
and Planning Commission for denial of this request. Mr. Robert
Suver, applicant, being present, presented the following statements
of facts for approval of the rezone from R-3 to B-1:
1. The rezone would relieve the property owners by
opening new avenues of relief from the present
predicament of increasing traffic, increased
parking, lower rents per unit cost and rising
rental maintenance costs;
2. The rezoning would permit a natural, slow upgrading
of the present deplorable conditions of the area;
3. Rezone east of Naches will compliment the area and
bring in more people to the downtown;
4. The rezone should be approved because the Mall was
built, creating a need for the new business zone.
5. Soft businesses are needed such as doctor's offices,
clinics, insurance agencies, dental clinics and
other offices providing professional services;
6. Support services, such as medical are badly needed
by the large elderly population living in East
Yakima.
7. The two dozen empty sites existing in the present
downtown business core are retail business lots of
2,000 sq. ft. or more,:not suitable for soft business
offices.
8. Off-street parking would be improved due to large
lot sizes, site screening and landscaping as well
as better lighting:conditions for safer pedestrian
traffic at night.
9. Improved revenue for the City through larger tax
base from expanded assessments compared to what
the City is now receiving.
Mr. Paul LaChance, applicant, being present, indicated and
emphasized the deteriorating nature of the neighborhood.
IMr. Harry Whitehead of Whitehead Insurance Agency and owner
of the property at 107 Naches Avenue, objected to the position
I that Naches Avenue is a natural boundary and indicated it
1 is not supported by the City's General Plan. He submitted
'letters from businessmen in support of this rezone to include
Mr. Jay Russell Rennie, Carl Pinard Jr., M.D., Lewellyn Horn,
!Thomas Hargis, Jr., G. J. Williams and Mr. Thomas Bostic.
!Mr. Clarence Zimmerman objected to the possibility of a wall
Ibeing erected against his property. Mr. Robert Mills, owner of
property at 106 N. 6th Street, stated that should a commercial
'center go in, it would be hard to hold the line in that area
and further facilities would be needed around the Center. He
' favored the Naches Avenue natural boundary. Councilman Brown
felt that B-1 zoning in this area would support the downtown
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and was in favor of the rezone. Councilman Schussler spoke
to the matter of the effect a.Pavilion might have in this
; area, should it be located along 8th Street and noted it would be
;based upon the City's Comprehensive Plan. He noted the plan
'sets Naches Avenue as the natural buffer and explained that
the City is assessing businesses within the boundary of the
1
icore area for the downtown improvement. He felt it would
be unfair to assess businesses within the district and then
irezone areas outside the core area for business. He indicated
' that if the Council is to rezone past Naches Avenue, it should
I not be done in response to this request, but under a comprehensive
Review of the zoning on the other side of Naches. He was
I in support of the Planning Commission findings and their denial.
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MAY 19, 1975
He also reiterated that should a Pavilion be placed on the
east side, it is a different type construction and would
not bring in a rash of subsequent requests for pavilions, such as
might be the case with business offices. Councilman Edmondson
felt that this area should be a combination of apartments
and soft business. She felt it could be accommodated by a
Planned Development to protect the residents in the area,
but to rezone the whole area B-1 could defeat the desire
to keep that area as soft business. In light of these facts,
she concurred with the Planning Commission for denial. Councilman
Moore spoke to an earlier B-1 Rezone recently allowed nearby the
present proposal and felt Naches should not be the barrier
to the business area, speaking in favor of the proposed rezone.
Mr. Rice explained that the recent B-1 rezone near this area
was in keeping with the General Plan requirements for expansion.
Mayor Broad indicated he would not support the proposed rezone.
After due discussion, it was MOVED by Schussler, seconded
by Edmondson that legislation to deny this rezone request
be prepared: carried, Broad, Edmondson, Schussler and Simmons
voting aye on roll call; Brown, Jarms and Moore voting nay
on roll call. The Motion carried.
City Manager McMicken gave a brief review of the Bicentennial
Pavilion proposals, as discussed in City Manager Report No.
242 on this subject, noting that three proposals were received
on May 5, and the 4th proposal from the Thunderbird was received
three days later. He reviewed the evaluation process of
special meetings and hearings held since that date and noted
that if the City is to meet the mid-1976 date, a preliminary
selection should be made at this meeting. He pointed out
that as a result of meetings held, two proposals have been
recommended,that of the Noel-Cook-Lewis and Yakima Mall Corporation.
He noted that if the Mall should be selected, the appropriate
lease agreement would need to be drawn up and reviewed
the appropriate steps to be followed, should this proposal
be selected, as outlined in the report. He then reviewed
the steps to be followed should the Cook-Lewis proposal
No. 1 be selected. It was MOVED by Jarms, seconded by
Simmons that the preliminary decision on the selection
of the Pavilion site go to the Noel-Cook-Lewis Proposal
No. 1 and pursuant to City Manager Report No. 242, the
staff be directed to proceed with the following six steps,
as outlined in the report:
1. The preparation of necessary and appropriate contract
documents.
2. The City Manager to prepare a project budget.
3. The Special Bostic Committee to advise on design
consideration, furnishings and equipment.
4. The City Manager to negotiate with Noel-Lewis-Cook
regarding street and alley vacations; consideration
to be given to sharing of costs related to relocation
of utilities occasioned by vacation;
5. The City Manager to negotiate with Noel-Lewis-Cook
concerning the alternatives of acquisition of adjoining
property for parking and, if necessary, engaging professional
services for the preparation of a parking analysis
leading to establishing benefit and preliminary assessments
related to conversion of the block east of the Pavilion
to parking financed by a parking improvement district;
6. Request information necessary to determine the need
for rezones, if any, or other special use permit considerations
affecting land use and parking requirements.
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MAY 19, 1975
icarried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote. Mr. Robert Mills objected
to the location of the Pavilion as being inconsistent with
the zoning in the area, since it has to be rezoned from an
R-3 zone. Associate Planner Glenn Rice indicated that this
;location is considered part of the CBD area and is not inconsistent
with the 1967 Plan, being consistent with the requirements
of the Plan for the general area considered. Mr. Robert Suver also
emphasized that the area will have to be rezoned. Glenn Rice
indicated that it is consistent with the tourist and service
!areas as stated in the Plan. Marilyn Mills requested that
the City take a look at their business district plans as they
!seem outdated and inconsistent with present action.
!City Manager McMicken reviewed the proposed Intergovermental
!Corporative Purchasing Agreement with the State to make purchases
; without calling for bids, explaining that the City uses the
;State bid process under provisions of State law and the ruling
1 of the Attorney General's Office includes State institutions. The
;City has been utilizing this process for the past three years
and the proposed agreement will accommodate the purchase of
bins for the City shops to be made without calling for bids.
It was MOVED by Schussler, seconded by Moore that Resolution
No. D-3320, 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-3320, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute
an "Intergovernmental Cooperative Purchasing Agreement" with
the State of Washington; and authorizing the purchase of services
and commodities without calling for bids.
It was MOVED by Brown, seconded by Edmondson that Resolution
No D-3321, authorizing the sale of surplus property owned
Iby the City at public auction, be passed: carried, Broad,
Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
!aye on roll call.
!RESOLUTION NO. D-3321, A RESOLUTION authorizing the sale of surplus
personal property owned by the City.
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!City Manager McMicken explained the adoption of a fee schedule
for the Parks and Recreation Department "Learn-to-Swim" program,
' !noting it as an amendment to the 1973 schedule. It was MOVED
by Brown, seconded by Edmondson that Resolution No. D-3322,
!designating the fees for the "Learn-to-Swim" program, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye on roll call.
RESOLUTION NO. D-3322, A RESOLUTION designating the fee for
the Parks and Recreation Department "Learn-to-Swim" program,
and amending the Recreation Fee Schedule adopted by Resolution
!No. D-2005, adopted February 13, 1973.
1
It was MOVED by Schussler, seconded by Brown that Resolution
No. D-3323, authorizing the payment of $40.00 to Catherine
J. Mullins for damages in connection with a police incident, be
Ipassed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
I and Simmons voting aye on roll call.
I RESOLUTION NO. D-3323, A RESOLUTION authorizing payment of
a Claim for Damages filed with the City by Catherine J. Mullins.
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MAY 19, 1975
It was MOVED by Edmondson, seconded by Schussler that Resolution
No. D-3324, authorizing of a Claim for Damages in the amount
of $30.86 be paid to Agnus A. Hanses: carried, Broad, Brown,
Edmondson, Jarms, Moore, Schussler and Simmons voting aye
on roll call.
RESOLUTION NO. D-3324, A RESOLUTION authorizing payment
of a Claim for Damages filed with the City by Agnus A. Hanses.
The City Treasurer having submitted the Investment Report
for the month of April, 1975, it was MOVED by Edmondson,
seconded by Schussler that the report of the City Treasurer
dated April 30, 1975 regarding the investments of the City
of Yakima, be accepted and approved: carried, Broad, Brown,
Edmondson, Jarms, Moore, Scussler and Simmons voting by
voice vote.
It was MOVED by Edmondson, seconded by Schussler that Ordinance
No. 1788, providing for exceptions to the sign permit requirements
to accommodate the Bus Bench Advertising, be passed: carried,
Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
voting aye on roll call.
ORDINANCE NO. 1788, AN ORDINANCE relating to building regulations;
providing for exceptions to sign permit requirements; amending
Section 11.08.030 of the City of Yakima Municipal Code;
and declaring an emergency.
It was MOVED by Schussler, seconded by Moore that Ordinance
No. 1789, fixing the time of deliquency and providing for
the issuance of Local Improvement District Installment Notes
for the payment of the unpaid portion of LID No. 1000, Vendome
Domestic Water Improvement, be passed: carried, Broad,
Brown, Edmondson, Jams, Moore, Schussler and Simmons voting
aye on roll call.
ORDINANCE NO. 1789, AN ORDINANCE fixing the time of deliquency
of installments of assessments levied for the payment of
the cost of improvement in Local Improvement District No.
1000 and providing for the issuance of Local Improvement
District Installment Notes for the payment of the unpaid
portion thereof.
It was MOVED by Schussler, seconded by Simmons that Ordinance
No. 1790, changing the name of the Convention Center Fund
to the Bicentennial Pavilion Construction Fund, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye on roll call.
ORDINANCE NO. 1790, AN ORDINANCE relating to Funds and Accounts;
changing the name of Convention Center Fund to the Bicentennial
Pavilion Construction Fund; amending Section 3.93.040 of
the City of Yakima Municipal Code; and declaring an emergency.
An Ordinance appropriating the amount of $1,319,000 in the
Bicentennial Pavilion Construction Fund, having been read
by title only at the previous meeting and being again read
by title only at this meeting, it was MOVED by Moore, seconded
by Jarms that Ordinance No. 1791, providing for said appropriation
be passed: carried, Broad, Brown, Edmondson, Jarms, Moore,
Schussler and Simmons voting aye on roll call.
ORDINANCE NO. 1791, AN ORDINANCE appropriating the amount
of $1,319,000 of anticipated revenue in 370-Bicentennial
Pavilion Construction Fund to Account 575.50.62 as a 1975
appropriation for 370-Bicentennial Pavilion Construction
Fund.
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MAY 19, 1975
An Ordinance appropriating $600 in the Parks and Recreation
Fund to promote golf tournaments at Fisher Park, having been
read by title only at the previous meeting and being again
read by title only at this meeting, it was MOVED by Jarms,
seconded by Moore that Ordinance No. 1792, providing for said
appropriation, be passed: carried, Broad, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye on roll call.
ORDINANCE NO. 1792, AN ORDINANCE appropriating the amount of
$600 from unappropriated money in 131-Parks and Recreation
fund to Account 131.533.23.22 as a 1975 appropriation for 131-
Parks and Recreation Fund.
A Damage Claim having been filed with the City Clerk on May
12, 1975 by Lawrence Diener, 2400 West Lake Sammamisll Road
N.E., Redmond, Washington, in the amount of $250,000 for personal
injuries sustained from an accident in a it was
MOVED by Schussler, seconded by Moore that said Damage Claim
be referred to the City Manager and staff for study and recommend-
ation: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
City Manager McMicken requesting out-of-state travel for Jim
Eakin, Airport Manager, to travel to Portland, Oregon, to attend
the Airport Executives Annual Conference and Business Meeting,
June 9 to 12, 1975, it was MOVED by Moore, seconded by Jarms
that said travel be approved and expenses paid: carried, Broad,
Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
aye by voice vote.
Director of Community Development, Fred Stouder explained a
proposed amendment to the Community Development Application
previously authorized by the Council, noting the City has received '
three letters regarding some of the proposed projects; to include
No. 7 on the list which is Expansion of the Citywide Recreation
Program (utilizing schools). This project has been ruled in-
eligible. The City submitted this project in good faith upon
the information received from HUD. It is ruled as a public
service. He noted the project needs to be in a delegatea area
where other community development activities are ongoing or
it has to be in an area designated a support of the project
area This proposal does not meet these requirements. He
noted it would have to be in direct support of the housing
rehabilitation or the street lighting program. Mr. Stouder
explained that the $10,000 for that project should be reassigned
to another project to be an approved activity. He recommended
applying it to the housing rehabilitation program or street
lighting program. It was MOVED by Schussler, seconded by Edmondson
that this $10,000 be reassigned to the street lighting program:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and
I Simmons voting aye by voice vote. Mr. Stouder went on to explain
i that as of this date the Southeast Community Center Recycling
I Project may be designated a public service and may not be eligible
I as part of the neighborhood facility in an eligible area.
' It does meet the criteria for crime prevention, but a final
1 decision has not been made.
There being no further business to come before the Council,
it was MOVED by Moore, seconded by Schussler that this meeting
be adjourned at 9:35 P.M., to Tuesday, May 20, 1975 at the
hour of 12:00 Noon to then meet in the Holiday Inn: carried,
Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
voting by voice vote.
READ AND CERTIFIED ACCURATE BY \■. , DATE 5 .21, •
Cs NCILMAN
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V •UNCILMAN
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