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HomeMy WebLinkAbout07/11/1977 Business Meeting 546 JULY 11, 1977 The City Council met in session on this date at 1:30 P.M. in the Con- ference Room of City Hall, Yakima, Washington. Councilmen present at the meeting were Mayor Betty L. Edmondson, Jean Allard, Ralph Holbrook, W. K. "Pete" Moore, Dr. Bill Simmons, Nadine Walker and Gordon Wonder. Mayor Edmondson announced that an "On- the -Air" program is scheduled for July 12, 1977, at KAPP -TV at 10:45 A.M. and asked that two other Council- men volunteer to be with her on the program. It was decided that Mayor Edmondson, Nadine Walker and Pete Moore would be on this panel. I/ Mayor Edmondson announced that a request from Mental Health Services for $15,000 of FRS money has been received. The Council is now looking at requests for FRS money from OIC, Parks, Sundusters and Mental Health Services. Councilman Moore suggested that a letter should be written advising the various organizations that have requested FRS funds that the requests will be considered at budget time, so their requests should be in to the Council by September 1, 1977. City Manager Eastman said he would have additional information on this available for Council next week. Councilman Wonder suggested that Council have a retreat for study of City policy and budget. It was the general consensus of the Council to have the City Manager arrange a retreat and prepare the agenda for some time in September. Councilman Holbrook passed out copies of the Minutes of the Clean Air Board meeting, which points out weaknesses in handling of some of the developers in controlling dust problems. The Clean Air Board is seeking suggestions from the City and Council for control of dust problems. The Council then briefly discussed the Glenmor.e Green Replat dust problem. City Manager Eastman introduced Willis White, the new Director of Public Works, to the Council. It was MOVED by Simmons, seconded by Wonder to move into Executive Session to discuss collective bargaining negotiations: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. At 2:00 P.M., 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 East- man and Assistant City Attorney John Vanek present on roll call. The Invocation was given by Councilman Jean Allard. This being the year for the election of three Councilmen to the Yakima City Council, and in accordance with State Statutes, the City Clerk pro- vided numbers for the drawing for the positions on the ballot. The following position numbers were drawn: Position No. 1, Mayor Betty L. f. Edmondson; Position No. 2, W. K. "Pete" Moore; and Position No. 3, Dr. Bill Simmons. These terms will be for four years. Mayor Edmondson referred to the items placed on the Consent Agenda ques- tioning whether there were any additions or deletions from either Council member or citizen present. Councilman Simmons requested that item No. 8 be added to the Consent Agenda. It was the general consensus of the Council that the addition of Item No. 8, as requested, be made. The City Clerk then read the Consent Agenda items, including Resolutions by title. It was MOVED by Allard, seconded by Wonder that the Consent Agenda, as read, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker 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.) *It was MOVED by Allard, seconded by Wonder that the Minutes of the pre- vious meetings, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, be approved: Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. 547 JULY 11, 1977 Jay Spearman appeared before the Council and asked that Council accept his resignation from the Human Relations Commission, stating that he has accepted a position in Olympia. It was the general consensus to accept this resignation with regret and best wishes to him in his new position. Glenn Rice, Director of Community Development, introduced Carol Darby, to the Council, as the new Associate Planner. It was MOVED by Allard, seconded by Wonder that Resolution No. D -3722, authorizing the adoption of a special identification symbol for equip- ment used by the Southeast Community Center Recycling Program, be passed: Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D-3722, A RESOLUTION authorizing the adoption of a special identification symbol for the City -owned equipment used by the Southeast Community Center Recycli Project. *It was MOVED by Allard, seconded by Wonder that Resolution No. D -3723, authorizing execution of an agreement with Book Publishing Company for supplemental service for the Yakima Municipal Code, without calling for bids, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D -3723, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Book Publishing Company for supplement service for the Yakima Municipal Code without calling for bids. *It was MOVED by Allard, seconded by Wonder that Resolution No. D -3724, authorizing the execution of.a corrected right -of -way easement to Pacific Power & Light Company, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D -3724, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute and deliver a corrected right -of -way eastment to Pacific Power & Light Company. *It was MOVED by Allard, seconded by Wonder that Resolution No. D -3725, authorizing the application for supplemental state and federal step II grants for wastewater facilities, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D -3725, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to apply for state and federal grant increases to finance the design of the Yakima Area Wastewater Facility. It was MOVED by Allard, seconded by Wonder that Resolution No. D -3726, authorizing the execution of two pipeline crossing agreements with Yakima Valley Transportation Company, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. RESOLUTION NO. D -3726, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute two pipeline crossing agreements with Yakima Valley Transportation Company. Assistant City Manager Dick Zais reviewed the Animal Control Program, referring to his June 30, 1977 memo, outlining some suggested improve- ments, as given below: 1. Adjusting enforcement hours to cover the time from 7:00 A.M. to 9:00 P.M. weekdays and 8 hours on Saturdays. 2. Raising the impoundfee from $10 to $25, and increasing the penalty fee from $4.00 to $10. 3. Change the dog license fee to $12.00 for unsterilized dogs, and $6.00 fee for altered dogs, with verified proof. 4. Restrict adoption of City animals held in the Humane Shelter to males only, or for females that will be spayed and males to be neutered under regulated conditions. 548 JULY 16, 1977 5. Investigate computerizing animal record keeping. After discussion about the repeated offenders who disregard the leash law, it was the general consensus of the Council to amend the impound,... fee. The first two offenses which occur during the same year, the im- pound fee would be $15; and for every subsequent offense in the same year, the impound fee would be $35. It was MOVED by Walker, seconded by Simmons. that Council accept the recommendations as outlined in the June 30, 1977, memo, as amended, for the animal control program, and asked staff to prepare the proper legislation: carried, Allard, Edmond- son, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. *It was MOVED by Allard, seconded by Wonder to approve the Outside Utility Request from Vernon F. Lidke, for sewer service for property located at 1609 South 12th Avenue, and for water service for property located at 1209 South 10th Avenue requested by Larry Whitmire: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. It was MOVED by Allard, seconded by Wonder to approve the out of state travel request for Wayne Dean, Parks Department, to Moscow, Idaho, to attend the monthly meeting of the Inland Empire Golf Course Superin- tendent's Association to discuss the Pesticide License which is required by October, 1977: carried, Allard, Edmondson, Holbrook, Moore,.Simmons, Walker and Wonder voting aye on roll call. City Manager Eastman explained that an independent value engineering study conducted for the Environmental Protection Agency concluded that certain changes and revisions to the wastewater treatment facility design are needed. The net result of the value engineering recommenda- tion is to increase the estiloted construction cost of plant improvement (Phase I) from $5.1,bIllion /7.6 billion, and to decrease the cost of future plant additions (Phase II) from $6.1 million to $4.6 million. Ninety percent of the Phase I amount is grant reimburseable from state and federal sources. City Manager Eastman said that he will have a completed summary in the next few weeks. Council members expressed concern about the increases that have been requested for this project. Councilman Allard expressed concern about the attempts to enlarge the service area, stating that he felt the area should be limited and that limit adhered to. It was MOVED by Holbrook, seconded by Moore to table this matter for one week: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. This being the time fixed for the hearing on Petition No. 896, filed by. Gene P. Mayer, requesting annexation of property located on N/S Engle- wood Avenue between 34th and 40th Avenues, and for a rezone to R -3, Glenn Rice, Director of Community Development, stated that the Planning Commission has recommended the annexation but had given no recommenda- tion pertaining to the zoning. Ines Rice, 4409 Arlington, spoke on this matter stating she felt the City was annexing too much property without increasing the services, i.e., police, fire, and utilities. Petitioner Gene P. Mayer addressed the Council and circulated a letter from Charles Lyon, Attorney for the residents in that area opposed to the annexation, stating that the objections voiced earlier have been withdrawn, as an agreeable solution has been reached. A covenant has been prepared for the height restrictions for property facing Englewood and will be signed if the annexation is approved. It was MOVED by Wonder, seconded by, Walker that Ordinance No. 2084, annexing real property located N/S Englewood Avenue, between 34th and .40th Avenues, and zoning said pro- perty R -3, be passed: carried, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. Councilman Allard did not take part in any of the discussion and did not vote due to conflict of interest. ORDINANCE NO. 2084, AN ORDINANCE annexing property to the City of Yakima and zoning said property. 549 JULY 11, 1977 This being the time fixed for the hearing on the appeal from the Plan- ning Commission's recommendation to deny the Final Plan and Program filed by Safeway, Inc.,ICommunity Development Director Glenn Rice ad- dressed the Council stating that the City had requested an environmental impact statement, which has been done. He suggested that Council not make a decision tonight, but listen to the testimony, in order to follow the SEPA requirement. There can be no action taken on this matter for seven days after the publication of the Environmental Impact Statement according to SEPA guidelines. Don Bond, Attorney, 415 North 3rd Street, Yakima, Washington, representing Safeway, Inc., explained that Safeway, Inc., and Payless Drug Store would like to develop 6.4 acres located on Summitview and 56th Avenues. Mr. Bond circulated resumes of the experts speaking on behalf of Safeway. Chuck Ogden, Architect, from Everett, Washington, displayed sketches of the,proposed Safeway and Payless Drug Store, which'were entered as exhibits. He showed sketches.of• the park- ing lot and driveways, drainage system, utilities, (which are all under- ground), layout of buildings in comparison with the rest of the block, preliminary planting plan, and the landscaping. Several Council members asked questions on the layout of the building in regard to the proximity of the existing residences in that area. Mr. Bond said that there will be screen plantings around the the development and there will be no delivery of goods between 8:00 P.M. and 7:00 A.M. Mr. Bond stated that Safeway has complied with the nineteen requirements given by staff. Mr. Bond then displayed arterial photographs of the area in question and explained the uses of the neighboring lots, and these were also entered as exhibits, along with the chart that explains the position of the photographer. Mr. Bond then gave a brief history of the zoning of that area from 1965 to 1973, referring to several maps, which were entered as exhibits. Mr. Bond stated that this history shows a clear pattern of development that has nothing to do with the City's General Plan. Mr. Bond said that primarily that final plan requires the rezoning of about three acres to a business zone. Mr. Bond stated that the General Plan of the City allows for two community centers; one at Westpark and one at 64th Avenue and Nob Hill. The property at 64th Avenue and Nob Hill is owned by Congdon Orchards and it is not foreseeable in the future that a shopping center would be built there. At present there is already a shopping center at Westpark. Four reasons the Planning Commission recommended denial of this Final Plan and Program are the size of the community center, control of strip zoning, increased traffic and loss of housing stock. Mr. Gerald Cysewski, Engineer, addressed the Council about the study he conducted for Safeway on the traffic pattern -for the 56th Avenue and Summitview intersection. Mr. Cysewski drew a diagram on the chalkboard of the turning pattern with percentages of entering and exiting traffic. Mr. Cysewski stated that there would be about a 14 percent increase of traffic in the intersection, which the present signal equipment can handle at a "C" level of service. Mr. Cysewski also presented a plan for cross traffic between the Chalet Mall Shopping Center and the proposed Safeway /Payless complex in a safe manner. Mr. Hank Hummelt, Vice President of Payless Drug Store, spoke in favor of - the Final Plan and Program for Safeway, Inc. Mr. Hummelt stated that the proposed Payless would be built similar to the one located in Union Gap, but smaller. Dr. Pete Breysse, Associate Professor from the Uni- versity of Washington., spoke on the noise problem which might be caused by the new development. IDr. Breysse studied the Environmental Impact Statement and visited the property. He stated that the major source of noise would be caused by traffic at the intersection. Dr. Breysse also informed Council that in order to get an increase of 3 decibels, you would have to. double the source of the noise. He stated that he believes increased traffic would raise the noise factor 1 decibel. Dr. Breysse stated that the noise level would have to raise three decibels before a person would know there is another sound. Councilman Holbrook asked what noise levels were found there. Dr. Breysse said it ranged from 46 to a high of 65 decibels. Council questioned whether or not they should be given information on marketing research, however, Assistant City Attorney Vanek informed them that it should be considered. Mr. Merle Cox, Manager of Store Location and Research Department for Safeway Stores, stated that the market study demonstrated the demand for an additional store in that locality. He identified the trading area on a map, entered as an exhibit. The proposed store would serve about 70% of those customers. Mr. Cox stated that approximately $800,000 from custo- mers in that area is spent in their other two stores. He stated. that 550 JULY 14, 19 7 7 there is $22.9 million of available food business per year in this entire area. Of that total, the proposed store could attract about 19% to 20 %. The expected revenue of the proposed store would be $5.1 million. He believes that the Tieton Drive Safeway Store would have a decrease of about 20% in business, which would be beneficial to that store. He believes that there is a sufficient market to support an additional store. Mr. Bill Phinney, in charge of the retail stores in Yakima, addressed to Council and stated that Safeway is not an "outsider ". Safeway has a $2 million payroll for 220 employees. Mr. Phinney pre- sented a map to the Council which shows where most of the customers live. He obtained this information by the addresses on the checks received by two stores. Fifty -four percent of the customers living west of 40th Avenue shop at the Tieton Drive store and 23% of the customers living west of 40th Avenue shop at the 5th Avenue store. The map was entered as an exhibit. Mr. Norton Carlson, Real Estate Division of Safeway, stated that the 38th and Tieton Drive Safeway is now inadequately serving its customers. Mr. Carlson stated that a large supermarket allows for lower prices and allows for more efficiency from a labor point of view. Ben Lombard, real estate broker, 119 East "A" Street, Yakima, Washington, hired by Safeway to get the fair market value on property around the proposed shopping center, stated that most of the properties around similar shopping centers have increased. Mr. Lombard gave a few examples of the increase in value of the condominiums sold in that area. Mr. Lombard delivered a letter from Mr. L. E. Prediletto to the Council, stating that he supported the Final Plan and Program for Safeway. Mr. Willard Toliver, 110 B North 56th Avenue, spoke in favor of the Final Plan and Program. Others speaking in favor of the Final Plan and Program were Mr. Norm Base, 110 North 56th Avenue, Mr. Dean Rosenkranz, 101 North 56th Avenue, and Mr. Bob Brown, 1102 North 56th Avenue. Mr. Darrell Bastian, from Seattle, Attorney for Safeway, spoke in favor of the Final Plan and Program stating that all the guidelines required by the Zoning Ordinance have been met. Councilman Walker asked if Safeway would buy the properties from the people who just testified in favor the Final Plan and Program. Mr. Bastian answered "yes ". Mr. Ron Whitaker, 305 North 3rd Street, Attorney representing the residents opposing the Safeway Final Plan and Program, requested that Council let Mr. Bill Baker and the residents from that area express their views tonight. Mr. Walter Robinson, 415 North 52nd Avenue, spoke against the Final Plan and Program, stating that he doesn't believe this is good planning, nor should a variance be given from the Comprehensive Plan without a justified need. Mr. Robinson was concerned about the in- creased traffic the shopping center would create. Ms. Ruby Kurbitz, 5901 Barge, speaking against the Final Plan and Program, presented a petition against it. Mr. Chawley Thomas, 107 North 56th Avenue, spoke against the Final Plan and Program, stating that it would cause a problem with litter and traffic. Mrs. Helen Corpron, 5510 Englewood, presented petitions against the Final Plan and Program, and stated that it would be a duplicity of already existing services and also she was concerned about the increased traffic. Speaking against the Final Plan and Pro- gram, expressing concern about the increased traffic, were Mr. Dick Walker, 5901 Barge, 4634; Mr. Paul Hillis, 5901 Barge; Mr. Jack Grimsley, 104 North 56th Avenue; Mrs. Helen Dodson, 911 Pecks Canyon Road; and Mr. Roy Tufts, 816 North 53rd Avenue. Others speaking against the Final Plan and Program were Mrs. Cherie Yates, 506 North 57th Avenue; Mrs. Leslie Shaw, 111 North 56th Avenue; Mrs. Alice Whitaker, 5901 Barge, #32; Mrs. Lucetta Walker, 5901 Barge, 4634; Dr. Luther Plankenhorn, 100 North 56th Avenue; Mrs. Fred Miller, 5901 Barge, 4638; and Mrs. Ardith McDermott, 820 South 35th Avenue. Mr. Bill Baker, realtor- broker and appraiser, 1101 West Naches Avenue, Selah, Washington, informed Council that he had been asked to determine the effect a shopping center has on the value of property adjacent to it. Mr. Baker said he made studies of the property adjacent to the shopping centers at 38th and Tieton, West - park, Lincoln Shopping Center, and 56th and Summitview. He stated that there was 20% to 50% adverse effect on property adjacent to the shopping centers and vacant land stayed vacant unless purchased by another developer. He'stated that if the house was at least 150 feet from the shopping center, then the effect of the shopping center on the value of the home 551 JULY 11, 1977 . . decreased. - He gave samples of poor house sales right next to the Chalet Shopping Center. It was MOVED by Moore, seconded by Holbrook to continue the hearing on the appeal from the Planning Commission's recommendation to deny the Final Plan and Program filed by Safeway, Inc., to July 18, 1977, at 6:30 P.M. in the City Hall Council Chambers: . carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. There being no further business to came before the Council, it was MOVED by Moore, seconded by Wonder to adjourn this meeting at the hour of 10:35 P.M.: carried, Allard, Edmondson, Holbrook, Moore, Simmons,. Walker and Wonder voting aye by voice vote. READ CERTIFIED ACCURATE BY 0-...sc—s DATE lq'T7 COUNCILMAN • ,e E 7 7 7 COUNCILMAN ATTEST: / - • olf CITY CLDr 7 ( MAYOR