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HomeMy WebLinkAbout09/11/1979 Business Meeting 336 - SEPTEMBER 11, 1979 The City Council met in session on this date at 7:00 P.M. in the Council Chambers of City Hall, Yakima, Washington; Mayor Betty L. Edmondson presiding, Council members Henry Beauchamp, Lynn Buchanan, Don Hinman, Nadine- Lee, Jack Sparling and Gordon Wonder and City Manager Zais and City Attorney Andrews present- on roll call. The Invocation was given by City Attorney Fred Andrews. Mayor Edmondson referred to the items placed on the Consent Agenda questioning whether there were any additions or deletions from either Council members or citizens present. The City Clerk then read the Consent Agenda items, including resolutions by title. It was MOVED by Lee, seconded by Wonder that the Consent Agenda, as read, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll call. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on. the Consent Agenda to be handled under one motion without further discussion.) Mayor Edmondson inquired if Council would consider at this time a notice of intention to annex property filed by Donald and Lila Hamilton for property known as Hamilton Park Addition No. 10. It was the general consensus of the Council to discuss this at this time. It was MOVED by Buchanan, seconded by Hinman that September 11, 1979, be set, as the time for a meeting with the initiating parties who signed the notice of intention to commence annexation proceedings dated. September 11, 1979, those initiating - parties being Donald B. and Lila M. Hamilton: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Asked if they are willing to assume their share of the City's existing indebtedness, Mr. and Mrs. Hamilton agreed that they would be willing to assume their share of the City's existing indebted- ness. It was Duly MOVED, seconded and passed that the annexation pro- posed by Petition No. 953 (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above MOTION was made by Buchanan, seconded by Wonder, and carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. This being the time fixed for the hearing on the appeal of Gerald D. Sickler, on the denial of his taxi driver's license, Mayor Edmondson inquired if Mr. Sickler would like to have this discussed in an Exec- utive Session. Mr. Sickler stated that he would like to have it dis- cussed in Executive Session. It was MOVED by Wonder, seconded by Hinman to move -into Executive Session for the purpose of hearing the appeal of Gerald Sickler on the denial of his taxi driver's license: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Following the - Executive Session, Mayor Edmondson announced that after hearing the appeal. of Gerald Sickler regarding the denial of issuance of a taxi driver's license to him, the City Council granted such license to Mr. Sickler. This being the time fixed for the hearing on the rezone request filed. by Hobart Weaver for property located at 62 and 64 West Mead Avenue, Hobart Weaver spoke in favor of the rezone. He gave information on the zoning of the properties surrounding that property stating that basically that area is commercial. Mayor Edmondson stated that a B -3 zone does not allow for much control and questioned if Mr. Weaver would object to going Planned Development. Mr. Weaver stated that there would be a time problem doing that because he needs to begin building right away. He stated he would like to put in a three bay garage. Larry, Wright, Principal Planner, stated that Mr. Weaver would have to begin the rezone process over for Planned Development, and the earliest it would come back to Council would be about the beginning of next year. He stated that staff does not encourage commercial to come in under Planned Dev- elopment. Mr. Wright stated that staff feels that area is a reasonably good residential area. He stated that it is a likely site for multiple family- development and it is not an appropriate location for B -3 zone. - Stating that because of the findings, it was MOVED by Lee, seconded by Buchanan to deny the rezone request and follow the recommendation of staff and the Planning Commission. Councilman Wonder stated that the SEPTEMBER 11, 1979 337 property is surrounded by commercial zoned property and it appears that that property is business also. Councilman Beauchamp agreed with Councilman Wonder stating that there was is only about 8 parcels in that area that are residential. Councilman Hinman stated that those few business uses on the block are really out of place and to add one more would make it worse. The question was called for the vote on the motion: carried, Buchanan, Edmondson, Hinman, and Lee voting aye by voice vote., Beauchamp, Sparling and Wonder voting nay. This being the time fixed for the hearing on Petition No. 950, filed by Robert R. and Elizabeth R. Lynch and J. R. and Mary B. Gustafson, re- questing vacation of a portion of Ramona Road right-of-way which was passed on July 10, 1979, Dr. Gustafson distributed pictures of the area vacated by Ordinance No. 2313. Dr. Gustafson stated they are question- ing the appraisal of the property involved. He reviewed the history of 11/ his and Mr. Lynch's properties and stated that they are requesting vacation of the property in order to landscape that area. He reported that the property, as it is now, is a fire hazard and an eyesore; however, he doesn't wish to landscape property they don't own. He referred to the letter from Charles Riemcke, Associated Realtors, in which he gives an appraisal value of $300 to $400. He described the topography of the property involved stating that a building can't be built there and there is a sewer easement on 1/3 of the property. Larry Wright, Principal Planner, stated that Council may request that an appraisal be done. Eric Gustafson, Attorney, spoke in behalf of his parents request. He stated that under Resolution No. D-3532, it speaks about compensating the City for any public street or alley. This right-of-way has not been developed as a public street. He further stated that the State Legislature adopted this to compensate the cities for construction and maintenance costs that occurred. He stated that the Planning Commission did not feel that the standard format was applicable. Following discussion, it was MOVED by Hinman, seconded by Lee to accept, the cost appraisal value of Charles Riemcke as $400 as the value of the unimproved right-of-way. Councilman Wonder stated he feels in order to have consistency we should not change our policy; and if we do, he stated the property owner should foot' the bill to have the property appraised by an MAI appraiser. Mayor Edmondson stated that she agrees with Councilman Wonder regarding consistency, however, there are exceptions and this property is one. Councilman Hinman stated that the City has not spent any money on this right-of-way and they should get a discount. The question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee and Sparling voting aye by voice vote. Wonder voting nay. This being the time fixed for the hearing on the vacation of public utility easements, requested by Snokist Growers, for property which is located south of Mead Avenue and West of the Union Pacific Railroad tracks, Mayor Edmondson withdrew from the discussion on this matter. She stated that although she does not feel any conflict, her husband works for Snokist and she is withdrawing because of appearance of fair- ness. It was the general consensus of the Council that Councilman Hinman preside at this hearing. There being no citizen present to speak to this matter, it was MOVED by Beauchamp, seconded by Buchanan that Resolution No D-4143, vacating a public utility easement, be passed: carried, Hinman, Lee, Sparling, Wonder, Beauchamp and Buchanan voting aye on roll call. Edmondson not voting. RESOLUTION NO. D-4143, A RESOLUTION vacating a public utility easement in the vicinity of Mead Avenue west of the Union Pacific Railroad tracks. James Smith, 12 No. llth Street, submitted a letter regarding a ground water problem that exists in that area. Mayor Edmondson read the letter and noted that it has been received by Council. Gary Webster, speaking on behalf of the Board of Directors of the Chamber of Commerce, submitted a copy of the results of a survey which they took regarding business and occupation tax; sales tax for transit, and commercial garbage. He offered the Chamber of Commerce's assistance in addressing these items in the future. Mayor Edmondson also submitted a copy of the survey that was sent out by the Chamber of Commerce. 338 SEPTEMBER 11, 1979 Councilman Hinman suggested that item #14 on the agenda, Cost Analysis of Refuse Bin Service, be removed from the agenda and brought before the Council at budget time. It was MOVED by Hinman, seconded by Sparling to remove item #14 from the Agenda. Mayor Edmondson stated that there are two individuals who requested to speak to this issue. The question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Mayor Edmondson stated that the two individuals who wished to speak to this matter will be notified when this will be discussed by Council. Carol Darby, Director of Community Development, summarized her report dated September 11, 1979, regarding Community Development Block Grant -- N.E. Section-Ditch. Piping of the ditch costs $180 to $200 per foot and would also require that the streets and alleyways be reinforced to carry the standard vehicular load. Covering the ditch with concrete slabs would cost approximately $500,000, which includes the concrete slabs and relining. Fencing is approximately •$6.00 per foot, engineering and specifications cost $1,500 for a total of $35,000. She reported that she has-received a. couple of calls from people along the ditch around Robertson School wanting that part of the ditch covered also. She also reported that some of the property owners have encroached on the easemeni for the ditch. The funds for fencing would come from the $15,000 suggested for the consultant fee for ditch alternatives and $20,000, would have to come from the Contingency Fund. It was MOVED by Beauchamp, seconded by Buchanan that in the 1980 Community Development Block Grant budget, $35,000 be used to fence the northeast section ditch: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling- and Wonder voting aye by voice vote. Willis White, Public Works Director, reviewed his report on capital cost recovery charge. He stated that the City is trying to recover the Capital Cost for construction of the. sewer. He explained the figures given in the exhibits attached to this report. Councilman Beauchamp inquired how the hookups are coming along. Mr. White stated that he doesn't have that information, but can get it from the City Engineering Office. He recommended that staff be instructed to prepare the proper legislation to adopt the Capital Cost Recovery Charge outlined in the August 28, 1979 memo. It was MOVED by Hinman, seconded by Beauchamp to approve the report and instruct staff to prepare the proper legislation to implement the Capital Cost Recovery Charge as outlined, with the two exceptions on page 2 of the report. Following the, question was called for the vote on the motion: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. It was MOVED by Wonder, seconded by Hinman that Resolution No. D-4144, establishing a schedule of fares and revising the "Honored Citizen Program" for the public bus transportation system, be passed. City Manager Zais reported that the hours the honored citizen may use the pass has not been enforced and if we do so now, it will represent a change. It's been on the books, but it has not been enforced by the drivers or administration. Councilman Hinman inquired if there are any seats available on the bus during the time when these passes would not be honored. Willis White, Public Works Director, stated that it is getting crowded and he would encourage passengers with discount rates-to ride during non-peak hours. Mayor Edmondson stated that if this hasn't caused a problem yet, then we should keep it on the books and then if it becomes necessary in the future it can be enforced then. Councilman Beauchamp inquired if an honored citizen pass could be obtained at places other than City Hall. Mr. White stated that he is drawing up places where they will help us issue these passes. Councilman Sparling suggested that the fares be reviewed every year. The question was called for the vote on the motion: carried, Lee, Wonder, Beauchamp, Buchanan, Edmondson, and Hinman voting aye by voice vote. Sparling voting nay. RESOLUTION NO. D-4144, A RESOLUTION establishing a schedule of fares and revising the "Honored Citizen Program" for the public bus transportation system operated by the City of Yakima; and repealing City of Yakima Resolution No. D-1005, adopted September 26, 1966 and Resolution No. D-3939, adopted August 7, 1978. John Klingele, 1312 West Walnut, inquired about Section 1, No. 8 (page 2) in the Ordinance, acquiring property along the Yakima River for SEPTEMBER 11, 1979 339 Greenway Park. He stated that according to Article 1, Section 1 of the Charter, the City is not allowed to purchase propertroutside the City Limits. Council member Lee stated that they intend to purchase property inside the City. It was MOVED by Lee, seconded by Hinman that Res- olution No. D -4145, engaging special counsel in connection with the Parks & Recreation Bond Issue, be passed: carried, Sparling, Wonder, Beauchamp, Buchanan, Edmondson, Hinman and Lee voting aye on roll call. RESOLUTION NO. D -4145, A RESOLUTION of the City Council of the City of Yakima, Washington, retaining counsel for certain services in connection with the authorization, issuance and sale of $3.5 million of unlimited tax levy general obligation bonds of the City. It was MOVED by Lee, seconded by Beauchamp that Ordinance No. 2327, providing for the special election for the proposition of issuing gen- eral obligation bonds for the purpose of providing funds for parks and recreation acquisitions and improvements, be passed: carried, Beau- champ, Buchanan, Edmondson, Hinman, Lee, and Sparling voting aye on roll call. Wonder voting nay. ORDINANCE NO. 2327, AN ORDINANCE of the City Council of the City of Yakima, Washington providing for the submission to the qualified elec- torate of the City at a special election to be held November 6, 1979, of the proposition of whether or not the City should issue its general obligation bonds in the aggregate principal amount of $3.5 million for the purpose of providing park funds to acquire, construct and improve parks and recreation facilities for the City. *It was MOVED by Lee, seconded by Wonder that Resolution No. D -4146, authorizing the execution of an extension rider agreement with Yakima Valley Transportation Company for lease of property to operate trolley cars, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll call. RESOLUTION NO. D -4146, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an extension rider agreement with the Yakima Valley Transportation Company for the lease of property to operate trolley cars. *It was MOVED by Lee, seconded by Wonder that Resolution No. D -4147, approving the submission of a supervisory training grant application, be passed: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll call. RESOLUTION NO. D -4147, A RESOLUTION authorizing and ratifying the application by the City of Yakima, in cooperation with Yakima County, for a grant of funds from the State of Washington to finance a "Yakima City /County Intensive Supervisor's Training Project ". *It was MOVED by Lee, seconded by Wonder that September 25, 1979 be set as the date of hearings for the following: Washington Mutual Savings Bank Planned Development; U.S. Land Trust Company, Inc. Planned Develop- ment; Robert Kellett Planned Development; and Burlington Northern Annex- ation: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll call. *It was MOVED by Lee, seconded by Wonder that the out - of - state travel for David L. Wright, Community Development, to attend the American Institute of Architects Convention in Hawaii on September 21 through October 1, at a cost of $120, be approved: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye on roll call. It was MOVED by Hinman, seconded by Beauchamp to move into Executive Session for the purpose of discussing pending litigation: carried, Beauchamp, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Following the Executive Session, it was MOVED by Hinman, seconded by Wonder that Ordinance No. 2328, rezoning certain property located bet- ween Fair Avenue and South 7th Street, from Maple Street to Chestnut Street, known as Southeast Area Rezone, be passed. Council member Lee stated that she voted at one time on the Southeast Center Board when * *Inadvertently omitted: for park purposes 34.0 SEPTEMBER 11, 1979 they voted unanimously to oppose this and she would like to disqualify herself from voting on this issue due to a conflict of interest. Councilman Beauchamp stated that he would like to abstain from voting on this issue for the same reason that Council member Lee gave. The ques- tion was called for the vote on the motion: carried, Buchanan, Hinman and-Wonder voting aye on roll call. Edmondson and Sparling voting nay. Beauchamp and Lee not voting due to conflict of interest. ORDINANCE NO. 2328, AN ORDINANCE rezoning certain property situate between Fair Avenue and South 7th Street from Maple Street to Chestnut Street in the City of Yakima, Washington, from R-3, Multiple Family Zone, to R-1, Single Family Zone. Mayor Edmondson reported that City Council had discussion regarding the appeal of the Safeway Planned Development issue in Executive Session. She announced that the Council made a decision to appeal the Safeway Planned Development decision. Items of information supplied to Council were: memo from the City Attorney re reimbursement of travel expenses for Mayor Edmondson's trip to Mississippi. 9/6/79; memo from Director of Community Development re Safeway Planned Development. 8/30/79; memo from City Manager re request for proposals: Joint Law Enforcement Facility. 9/6/79; letter to Department of Ecology from the City Manager re New Schanno Ditch. 8/31/79; letter from Yakima Health District re Yakima Health District 1980 Preliminary Budget. 8/29/79; memo from City Attorney re damage claims referred to insurance carriers. 9/5/79; memo from the Fire Chief re: Notice of Weed Abatement. 9/5/79; and minutes of the City of Yakima Board of Adjustment meeting of August 28, 1979. There being no further business to come before the Council, it was MOVED by Sparling, seconded by Hinman that this meeting be adjourned at the hour of 10:45 P.M.: carried, Beauchamp Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by oi vote. /Mr\ READ AND CERTIFIED ACCURATE BY DATE c i0A / COUNCILMAN ./ ./. 1* ,.:4, : ddi gfel DATE..,25 -- ..5e / e 7? COUNCI ATTEST: #' / Al Of - • /1110 CITY LERK OF MAYOR 1