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HomeMy WebLinkAbout10/02/1979 Business Meeting OCTOBER 2, 1979 353 The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson presiding, Council members Don Hinman, Jack Sparling, and Gordon Wonder present. Council member Nadine Lee present after 2:10 p.m. Council members Henry Beauchamp and Lynn Buchanan absent. Mayor Edmondson announced that on Friday, October 5 at 10:30 a.m. there will be a dedication of a historical marker placed half way up the canyon road to Ellensburg by the Washington Park Foundation to honor George Beck. Councilman Sparling requested further information on the rumors regarding the discontinuation of service to Yakima by Hughes Air West. Carol Darby, Director of Community Development, reported that she talked with the home office of Hughes Air West and they indicated they would not be pulling out. It was MOVED by Wonder, seconded by Sparling to write a letter to Hughes Air West regarding Council's concerns about the rumor of discontinuation of service and also to let the know we appreciate their service: carried, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Beauchamp and Buchanan absent. Stating that he would like to clarify an error, it was MOVED by Wonder, seconded by Sparling that the Yakima Council approve the modification of the Planned Development by Safeway Stores and proceed with the conditions proposed by staff and agreed to by Safeway Stores. Mayor Edmondson requested a legal opinion on the appropriateness of this motion, referring to the Council Rules of Procedure. City Attorney Andrews stated that there are technical aspects on rules of procedures which would have to be studied - :before he could give an opinion on it. Mayor Edmondson questioned the City Attorney regarding the legality and appropriateness of this motion since that subject has been discussed in Executive Session. City Attorney Andrews stated that the subject of the Safeway appeal falls within a category of pending or current litigation. He reminded Council that the law which allows Executive Sessions is permissive and not mandatory. Stating that the Chair rules that this is an appropriate subject for Executive Session since it has been talked about in Executive Session prior to this, Mayor Edmondson stated that the Chair overrules the motion. Stating that this motion is public information and should be done in public format, it was MOVED by Wonder, seconded by Sparling that the Chair be overruled. Discussion followed and City Attorney Andrews interjected that he has some additional information on legal aspects that he would like to give the Council in Executive Session regarding the Safeway Appeal. The question was called for the vote on the motion: Sparling and Wonder voting aye by voice vote. Edmondson, Hinman and Lee voting nay. Beauchamp and Buchanan absent. The motion failed for lack of a majority vote. It was MOVED by Lee, seconded by Sparling to move into Executive Session for the purpose of discussing pending litigation: carried, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Beauchamp and Buchanan Absent. Following the Executive Session, Mayor Edmondson announced that the majority of the Council members voted not to appeal the Safeway decision. City Attorney Andrews gave an overview of his memo regarding the Glascam project. He reported that the Council has vested in the Director of Community Development the authority to approve minor modifications to a Planned Development, which occurred in this instance. That decision of the Department of Community Development is not subject to review nor can it be superceded by the. Council. He reported that he was advised by Mr. Whi.take.r —Attorney for Glascam, that in reliance of the granting of the minor modification, Glascam has purchased and ordered materials and supplies in the amount of $34,800. He stated that it is his opinion that that reliance was legally well placed. The action of the Community Development Department was valid and the Council may not override that granting of the minor modification. Pete Moore, former Councilman, questioned what the modification was and Mayor Edmondson explained it. Mr. Whitaker reported that Glascam is willing to build a five foot masonry wall from the old house on 46th Avenue south to Chestnut and from the parking lot north to Summitview. He stated he understands that there is a width problem along the parking lot which does not allow roam for the masonry wall there. Mel Bunce, 4504 West Chestnut, questioned if the minor modification will be null and void because Glascam did not follow the modification by putting in a 4 foot fence. City Attorney Andrews stated that if the four foot fence is not installed, the City may take legal action and have them install the four foot fence. It does not make the granting of the modification null and void, nor does '354 OCTOBER 2, 1979 it mean the City can have them install a masonry fence. Mrs. Orteig, 4502 West Chestnut, questioned the changing of the grades of the property. Carol Darby, Director of Community Development, reported that the grades have not Changed substantially. There were some changes staff requested, i.e., the retaining walls. Ray Rosenkranz, 106 No. 46th Avenue, questioned what type of fencing was going to be placed by his property, and when he found out it was going to be chain link fencing and arborvitae, he stated that the arborvitae is an insect drawing plant and it will cause problems next year in his orchard. He questioned why the masonry fence can't be installed by his place. Mr. Inbitaker stated that there is not enough roan between the sidewalk and the retaining wall to put in the masonry wall. Mrs. Orteig suggested that the project be policed more closely. She stated that when the surveyors were working on the L.I.D. on 46th Avenue, she understood that the sidewalk -was two feet into the street. Carol Darby stated that she would check on that. Discussion followed regarding the inspection of the project and Mayor Edmondson suggested that one of the citizens be appointed to keep in contact with City Hall and the neighbors. City II/ Attorney Andrews stated that a minor modification will have to be processed to change the fencing to a masonry wall on the easterly side of the project. It was MOVED by Hinman, seconded by Wonder that Ordinance No. 2338, accepting the recommendation of the Planning Commission and rezoning property at 1406 Summitview Avenue, as requested by Robert Kellett, be passed: carried, Edmondson, Hinman, 'Lee, Sparling and Wonder voting aye on roll call. Beauchamp and Buchanan absent. ORDINANCE NO. 2338, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at 1406 Summitview Avenue in the City of Yakima, Washington from R-3, Multiple-Family Zone to Planned Development Zone and declaring an emergency. Council members discussed appointments to boards and commissions, Council member Lee reporting that the Council Committee recommended Jeff Jensen and Manuel Oliv4A to be appointed to the Planning Commission. She also suggest ed that Ed Grubbs be considered for appointment to the Planning Commission. It was MOVED by Wonder, seconded by Hinman to accept the recammendation of the Committee and appoint Ed Grubbs to serve a full term of six years; Jeff Jensen to fill the term vacated by Mark Fortier; and Manuel O1iva.a to fill the term vacated by Gil Chandler on the Planning Commission: carried, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Beauchamp and Buchanan Absent. It was MOVED by Lee, seconded by Wonder to appoint Osborne Jones to fill the vacancy left by Al Falk on the Human Relations Commission: carried, Edmondson, Hinman, Lee, Sparling and Wonder voting - aye by voice vote. Beauchamp and Buchanan absent. Mayor Edmondson distributed a copy of the draft letter proposed to be sent to the Housing Authority Board regarding the recent audit findings. It was the general consensus of the Council to send the letter, as is, to the Housing Authority Board under the Mayor's signature. It was MOVED by Lee, seconded by Wonder to move into Executive Session for the purpose of discussing disposition of property, collective bargaining and pending litigation, and then adjourn the meeting: II/ carried, Edmondson, Hinman, Lee, Sparling and Wander voting aye by voice vote. Beauchamp and Buchanan absent. Items of information supplied to Council were: response to 9/20/79 Yakima Herald Republic Editorial from City Manager. 9/25/79; Yakima Wastewater Project Progress Report for August 1979; progress report re Prostitution submitted by Chief of Police. 9/25/79; memo from Director of Community Development re Outside Utility Agreement: (a) Diep Allen - Sewer service at 708 No. 48th Avenue. 9/25/79; (b) Bernard Sutley - water service at 1519 S. 1st Avenue. 9/25/79; and (c) A. L. Construction, Inc., sewer service at 2708 Willow. 9/20/79; Resolution of Yakima Valley Apartment Owner's Association concerning garbage service. 9/12/79; minutes of Yakima Center Advisory Commission meeting of Sept. 19, 1979; and report from Judith Boekholder re Fall meeting of the ANC Board. 9/20/79. 1 355 OCTOBER 2, 1979 Following the ccmpletion of the Executive Session, and there being no further business to care before the Council, the meeting was adjourned at the hour of 5:00 P.M. READ AND CERTIFIED ACCURATE BY bi 7 / -7 ? As oUNCIIPIAN eV, DATE /0A0/7/ ATTEST: COUNCI 4 _ -• CITY CLERK MAYOR