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HomeMy WebLinkAbout10/03/1977 Business Meeting 602 OCTOBER 3, 1977 The City Council met in session on this date at 1:30 PM in the Conference Room at City Hall, Yakima Washington. Council members present were Mayor Betty L. Edmondson, Jean Allard, Ralph Holbrook, W. K. "Pete" Moore, Dr. Bill Simmons, Nadine Walker and Gordon Wonder. , . Mayor Edmondson asked for two Council members to join her in appearing on KAPP-TV "On The Air" Program to be filmed Tuesday, October 11, 1977, at 10:45 AM. Councilman Allard agreed to be on the program. Council members then discussed the COG meeting to be held in Ellensburg, October 19, 1977. Any Council member desiring to attend should contact the Mayor to make the reservations. Council members then discussed the rules and procedures of the Council. Under item C, #1, it was the general consensus of the Council to change the first sentence to include "except when notified in advance". This would cover the Council meetings held at KYVE-TV studio. It was MOVED by Moore, seconded by Allard that item J, #1 and #2 be deleted from the rules and procedures: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. It was the general consensus of the Council to add under A, #8, duties of the Clerk of the Council, the procedures for Executive Session minutes. Council members discussed the rules forr members wishing to be excused from a meeting, and when a member should notify the City Clerk or Mayor if wishing to be excused early from a meeting. It was the general consensus of the Council to refer this matter to staff to prepare the changes requested. It was MOVED by Moore seconded by Holbrook to move into Executive Session to 'discuss prospective litigation: carried, Edmondson, Holbrook, Moore, Simmons and Walker voting aye by voice vote. Allard and Wonder voting nay. After Councilman Wonder expressed concern about going into Executive Session, it was the general consensus of the Council that if Council feels that this is a matter that should be discussed publicly, then they will adjourn the Executive Session. Upon completion of Executive Session, Councilman Walker questioned City Manager Eastman about the conduct of a police officer that occurred when arresting a prostitute. City Manager Eastman explained that officer's reasoning, and stated that at no time is an officer asked to compromise his morals or anyone elses morals in order to accomplish an arrest. Councilman Walker inquired if a location has been selected for the living Christmas tree for which there is a $300 fund. City Manager Eastman stated that he would get back to her on this matter. Council members briefly discussed the equipment rental and replacement program, and it was the general consensus of the Council to have another study session on this matter. At 3:00 PM, the Council members moved into the Council Chambers for the balance of the meeting, Mayor Edmondson presiding, Council members Allard, Holbrook, Moore, Simmons, Walker and Wonder, City Manager Eastman and City Attorney Andrews present on roll call. The Invocation was given by Councilman Walker. Mayor Edmondson referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council member or citizen present. Councilman Wonder requested that item #14 be deleted from the Consent Agenda. It was the general consensus of the Council that item #14 be removed from the Consent Agenda, as requested. The City Clerk then read the Consent Agenda including ,.. resolutions and ordinances by title. It was MOVED by Simmons, seconded by Walker that the Consent Agenda, as read, be passed: carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting aye on roll call. (Subsequent gr preceded by an asterisk (*) indicate items on the Consent Agenda to be handled under one motion without further discussion.) *It was MOVED by Simmons, seconded by Walker that the minutes of the previous meeting, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, be approved: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. 603 OCTOBER 3, 1977 Councilman Simmons requested that the City Manager repeat the statement given earlier in the Study Session in regards to an item that Councilman Walker inquired about. City Manager Eastman stated that an article appeared in the Herald-Republic, that stated a police officer involved himself in a sex act in the performance of his duty in arresting prostitutes. Mr. Eastman stated that it is City policy that at no time is an officer to violate their own or others personal morals in order to accomplish an arrest. Mr. Eastman further reported that the officer involved in this newspaper article has been counseled. This being the time fixed for the hearing on the appeal from the Planning. Commissions recommendation to deny the Final Plan and Program filed by Safeway, Inc., Glenn Rice, Director of Community Development, reported that a letter dated September 30, 1977, from W. L. Weigand, Jr., Attorney at Law, has been received in his office informing him that Mr. and Mrs. V. J. Beaulaurier has purchased a parcel within the area for which a rezone has been sought and they do not wish to participate in the pending rezone proceedings and withdraw their property from the proposed planned unit development involving a new Safeway and Payless Drug Store. City Attorney Fred Andrews advised the Council to proceed with the hearing and make a determination on the matter of what is good planning. Mr. Andrews reported that an ordinance will have to be drawn up which has to include the findings arid reasons of the Council. Councilman Allard stated that this same information is essentially the same information given earlier to Council in Executive Session. Donald Bond, Attorney, representing Safeway, Inc., submitted a title report on the property reportedly sold by Gregory Anderson to Mr. and Mrs. Beaulaurier, which shows no change of ownership as of September 28, 1977, and another report that indicates a lease pending title had been filed, dated October 3, 1977, as of 8:00 AM. Mr. Bond reported that on September 29, 1977, a law suit had been filed by Safeway against Gregory T. Anderson. Mr. Bond also submitted an article printed in the Yakima Herald-Republic, dated October 3, 1977, referring to the proposed sale of property in question. Mr. Bond referred to traffic reports performed by Mr. LeMaster, stating that it was not entirely accurate. He also spoke against Mr. Bill Baker's survey of Haven Way, citing several recent sales which shows increases of property values. After discussion, Mr. Bond requested a 90 day postponement. By that time, the property title in question would be resolved in litigation and Council would then have all the facts to base their decision. Vince Beaulaurier, Attorney, representative for opponents opposing the Safeway plan, stated that he and his wife purchased the property in question as trustees for Bob and Wray Brown and others for investment purposes. Mr. Beaulaurier submitted a copy of the statutory warranty deed filed on the 30th day of September, 1977, for the property in question. He stated that Safeway doesn't have a valid option to purchase this property, as it expired May 20, 1977. Mr. Beaulaurier urged Council to make their decision on this matter today and not grant the 90 day postponement. After discussion, it was the general consensus of the Council to continue with this hearing. Donald Bond stated that the intersection at 56th and Summitview Avenues is capable of handling the projected increase in traffic. Mr. Bond also stated that Safeway has agreed to make no night deliveries to their store. Mr. Bond stated that this Planned Development complies with all requirements. Ronald Whitaker, Attorney representing the 60 residents in the Fontanelle and others residing on 56th Avenue, stated that because the property which has been sold, has been withdrawn from the Planned Development, that the City Council does not have jurisdiction. Mr. Beaulaurier stated that rezoning this property for Planned Development is not good planning, because it is not compatible with the neighborhood. Mr. Beaulaurier stated that there would be too much impact on residential area, i.e., noise, traffic and lowering of property values. Donald Bond repeated that there is a law suit pending with Greg Anderson. He also stated that there is already a shopping center in that residential area and the surrounding property value has increased over the years. Mr. Bond stated that the findings of the Planning Commission are not supported. Darrel Bastion, Attorney for Safeway, supported Mr. Bond's statements. He stated that there are more traffic accidents in this town where there are businesses on one side of the street only than on both sides. Mr. Bastion urged the Council to follow staff's recommendation to approve this Planned Development. It was MOVED by Walker, seconded by Holbrook that the Council accept the recommendation of the Planning Commission and deny the Planned Development proposed by Safeway, Inc., and others, at the southwest corner of So. 56th and Summitview Avenues. Councilman Wonder stated that there has been no findings of fact to support the Planning Commission's recommendation. Mr. Wonder stated that the benefit to the neighborhood is greater than the harm. He also stated that the City needs more businesses within the City Limits. Councilman Moore concurred with Councilman Wonder's statements. He stated he also agrees with Mr. Fortier of the Planning Commission. Councilman Holbrook stated that there were many things to consider -- the development seems to be too large for the property on which it will be located and the community center would be divided by a major arterial. Councilman Simmons stated that regardless of the citizen opposition shown, this item has to be judged on the merits of the • 604 OCTOBER 3, 1977 case. He stated that there lacks planning consistency in this area. He read excerpts from the Environmental Statement. He state that in order to be consistent, he would vote against this motion. Councilman Walker stated that she is concerned about the overall size of the project and the traffic congestion and agrees with the Planning Commission's recommendation to deny it. Based on the belief that elected officials need to provide for the economic growth patterns for the City and for the citizens, Mayor Edmondson stated she can't support suburban growth and economic growth in the Uptown area too. The Mayor called for a vote on the motion. Edmondson, Holbrook, and Walker voted aye on roll call. Allard, Moore, Simmons and Wonder voting nay. The motion failed for want of a majority. It was MOVED by Wonder, seconded by Allard that the Council accept the Planned Development as requested by Safeway, Inc., and as approved by Staff, with the inclusion of the restriction of no night time deliveries because of the following findings of fact: (1) The need for shopping centers on the west side; and (2) The location that has been proposed on that particular intersection is the best available in the City Limits on the west side: carried, Allard, Moore, Simmons and Wonder voting aye on roll call. Edmondson, Holbrook and Walker voting nay. Mayor Edmondson announced that Ed Hill, Building Superintendent, received the Society of Distinguished American High School Students Commendation. Mr. Hill works with youths and encourages them to complete their high school education. Mayor Edmondson proclaimed the week of October 2 thru 8 as National Beauty Salon Week, stating many of the beauty operators donate their time to the elderly at the nursing homes. Mayor Edmondson proclaimed the week of October 2 thru 8 as "Share A Song Week" in recognition of all singing groups who give performances for charity. Mayor Edmondson proclaimed October 4th as "World Day for Animals". Carl Rizzo, a citizen, submitted his plans for improving the Lincoln Avenue/Pierce Avenue couplet for staff review. It was the general consensus of the Council to refer this matter to the City Manager and staff. It was MOVED by Holbrook, seconded by Simmons that Resolution No. D-3780, authorizing the execution of an agreement with ORB Organization for professional services in connection with the site master plan for Chesterly Park Development, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker,and Wonder voting aye on roll call. . RESOLUTION NO. D-3780, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the ORB Organization for professional services in connection with Chesterly Park Development. In speaking about the proposed resolution which would authorize the City Manager to execute residential lease agreements without Council approval, Mayor Edmondson stated that she felt Council should be aware and kept advised on all City-owned property and by having Council approve lease agreements, they would be kept advised. After discussion, it was MOVED by Allard, seconded by Moore that Resolution No. D-3781, authorizing the City Manager to execute residential lease agreements, be passed: carried, Allard, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. Edmondson I voting nay. RESOLUTION NO. D A RESOLUTION authorizing the City Manager to execute residential lease agreements. . . It was MOVED by Simmons, seconded by Walker that Resolution No. D-3782, giving intention to create a Local Improvement District for installation of watermains and hydrants as requested by Petition No. 900, 905, 907 and 910, and fixing the time of hearing for October 24, 1977, be passed: carried, Allard, Edmondson, Holbook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3782, A RESOLUTION of intention to create a Local Improvement District. *It was MOVED by Simmons, seconded by Walker that Resolution No. D-3783, authorizing the Right-of-Way acquisition of property for the West Valley Interceptor Sewer Project, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. OCTOBER 3, 1977 605 RESOLUTION NO. D-3783, A RESOLUTION authorizing the purchase of easement(s) for the construction of the West Valley Interceptor Sewer Project. After discussion, it was MOVED by Allard, seconded by Wonder that Resolution No. D- 3784, affirming the support of the 1-82 Interchange Project at Union Gap, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3784, A RESOLUTION affirming the support of the City of Yakima of the 1-82 Project and urging the Washington State Highway Commission to implement said project without undue delay. *It was MOVED by Moore, seconded,by Walker to approve the out-of-state travel for Jean Shipman, Purchasing Agent, to attend the Public Purchasing Association Conference at Victoria B.C.: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. It was MOVED by Simmons, seconded by Walker that Resolution No. D-3785, authorizing the abatement of fire hazards in,an area west of 55 West Washington Avenue, west of the trailer park, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3785, A RESOLUTION requiring the abatement of fire hazards on certain property, directing notice to property owners to abate such hazards and, in the alternative, authorizing the abatement by the Fire Marshal. John Kincheloe, Customer Services Manager, reported on the DARC meeting in reference to the proposed ordinance relating to traffic control and providing for reminders and notices to be issued for overtime parking violations. DARC recommends that the number of violation notices be changed so that a violator would be cited with a ticket on the 4th violation received during any one calendar month. It is also DARC's recommendation that the bail schedule be changed from $5.00 to a graduated scale throughout the calendar month -- $5, $15 and $25. Councilman Moore stated that the only way to prevent the employees in the Uptown area from using the free parking areas is through strict enforceent. The three free parking violation notices should prevent the shoppers from getting any parking tickets. It was MOVED by Allard, seconded by Holbrook that Ordinance No. 2111, relating to traffic control and providing reminders and notices to be issued for overtime parking violations, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. It was MOVED by Holbrook, seconded by Allard that Council recommend that the City Attorney approach the District Court with DARC's recommendation of a sliding bail of $5/$15/$25 for parking violations: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. ORDINANCE NO. 2111, AN ORDINANCE relating to traffic control; providing for reminders and notices to be issued for overtime parking violations; amending subsection 9.60.040(b) of the City of Yakima Municipal Code; and declaring an emergency. It was MOVED by Wonder, seconded by Holbrook that Ordinance No. 2112, relating to Animal Control fees and licenses be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2112, AN ORDINANCE relating to public safety and morals; providing procedures and describing fees for the redemption of impounded dogs and other animals; prescribing fees for dog licenses and dog and cat kennel licenses; and amending section 6.20.100, 6.20.110, 6.22.030 and 6.22.050, and repealing Section 6.20.120 and 6.22.040, all of the City of Yakima Municipal Code. *It was MOVED by Simmons, seconded by Walker that Ordinance No. 2113, fixing and levying the amount of ad valorem taxes necessary to balance the 1978 budget, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2113, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1978 budget for the City of Yakima. Councilman Simmons asked to be excused from attending the Council meeting of October 10, 1977. He will be out of town attending a medical meeting. It was MOVED by Holbrook, seconded by Moore to excuse Councilman Simmons from the attending the October 10, 1977 Council meeting: carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting aye by voice vote. . , 606 OCTOBER 3, 1977 There being no further business to come before the Council, it was MOVED by Moore, seconded by Holbrook that this meeting be adjourned at the hour of 6:15 PM, to then meet on Thursday, October 6, 1977 at Frasu's West Restaurant located at the Yakima Municipal Airport, at 12:00 Noon: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. ( A,Z READ AND CERTIFIED ACCURATE BY ---z 7 a pg. ",/, - cf:NciLmAiv 2 DATE / .,-- / DATE A 5.0.Ja.--1. OUNC L AN TTEST: dr- '24147 eliern) CITY LERK ( MAYOR I