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HomeMy WebLinkAbout01/05/1976 Business Meeting 1 62 JANUARY 5, 1976 The City Council met in session at 1:30 P.M. on this date in the Conference Room at Yakima City Hall. ! Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore, Don Schussler and Dr. Bill Simmons. Councilmen discussed the necessity for present Council members to appear at next Monday's Council meeting for the seating of new Councilmen. The Council concurred that retired members need not be present. As far as the arrangements for seating new Councilmen, they will be ,advised that the Oath of Office will be inl..the County Courthouse, !January 12, 1976, at 1:30 P.M., thereupon returning to City Hall II/ ! for a Study Session. At 3:00 P.M., the Council must designate a 'temporary Chairman and elect a new Mayor. The Council considered a report from the Attorney concerning annexation of City-owned property; specifically, the City Shops. In his report, the City Attorney determined that the City was empowered,, in fact, to annex the property housing the City Shops on the basis of State Law providing an omnibus grant of powers to first class !cities. The Council recommended that the Staff pursue the costs, 'benefits and feasibility of annexing the Shops and return with !a report recommending action. 1 !City Manager McMicken reviewed a report covering the general goals set by the City Council at the beginning of 1975 and gave a brief recapitulation of accomplishments of those goals for 1975 by the City. At 3:00 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, City i Manager McMicken and City Attorney Andrews present on roll call. 1 The Invocation was given by City Attorney Andrews. The minutes of the previous meeting of December 29, 1975, having been duly certified accurate by two Councilmen and no one present 1 wishing to have said minutes read publicly, Mayor Broad declared ! said minutes approved as recorded. This being the time set for Hearing on Resolution To. D-3426, to create a Local Improvement District by the construction of a sewer in the Westwood West - Chestnut Avenue Sewer District, !City Engineer Fritz Jaeger explained that the District is bounded by Summitview on the north, 65th Avenue on the west, Tieton Drive on the south and 58th Avenue to the east. There are approximately 330 parcels of property in the District. Phase I of the project I will include the area south of Tieton Drive, which is planned to begin construction the first part of February. Phase II includes the area north of Tieton to Summitview, which is anticipated to begin construction by the 15th of April and scheduled for completion the lat- Her part of July. The cost is based on a flat rate fee of $1,000 per !lot. Total estimated cost for the project is $752,850, of which II/ ! ; approximately $13,000 will be borne by the City. He indicated that the estimates are high and construction costs will probably be less than the preliminary assessment roll. Mr. Jaeger reported that six ! to eight protest petitions have been received from property owners on the project, to include agenda item no. 19, Petition No. 874, ' !filed by property owners in the District opposed to installation of the sewer line. Protests received from property owners in the northwest portion of the District are sufficient for the Council to delete that portion from the District. The other protest ! ' percentages have not yet been computed. Mr. Robert Brown, 110 1/2 ; ! North 56th, stated he was already connected to the sewer, for which r ') JANUARY 5, 1976 he pays an assessment and will now pay another 7 1/2 cents per square foot for another hook -up charge. Mr. Jaeger ex- plained that Mr. Brown is the owner of an approximately 340 foot parcel. He earlier had problems with his septic tank and paid a connection charge on 140 feet of his property. The portion of the property for which he has paid an assessment will be deleted from the District. It was further explained that the assessments are based on total property area benefited taken from the County Assessor's rolls. Mr. Ray Embree, 5908 W. Chestnut, spoke to this matter, explaining that those persons submitting protests in the vicinity of his property feel the cost is too great. Councilman Schussler explained that the assessments are made on the basis of total property area benefited by the improvements. Mr. Brown explained that the remainder of his property is undeveloped. Councilman Edmondson felt that since the connection costs may be much higher later on, persons are encouraged to remain in the District at this time. City Attorney Andrews suggested that the Ordinance creating the District could be passed at this meeting, and a new Ordinance, if necessary, be passed following the 30 -day protest period. Mr. Don Brule, 9 North 65th Avenue, indicated his lot is quite deep and is being assessed $3,100, expressing concern for the 7 1/2 cent per square foot assessment. He asked if there was a method whereby a limit could be established for persons with families. Mr. Lucius Forbes, protested his assessment of $5,100 since it involves just one family on a 1.21 acre parcel. Others present and protesting assessments were Mr. Merrill Hutchins, 702 S. 59th Avenue; H.F. Rosier, 20 N. 62nd Avenue; and Greg Rogers, 5 North 65th Avenue. After further discussion, it was MOVED by Schussler, seconded by Edmondson that Ordinance No. 1884, creating L.I.D. No. 1007, Westwood West - Chestnut Avenue Sewer District, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1884, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the neces- sary wye branches and manholes; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. This being the time set for the rezone of certain properties in the recently annexed Summitview/ Cascade Vista areas, Associate Planner Glenn Rice reminded Councilmen that this request was referred back to the Planning Commission at the Council's meeting of November 3, 1975, and subsequently some changes have been made in the zoning recommendations. One amended recommendation includes B -1 zoning for the Animal Clinic and R -4 zoning for Roy Johnson's orchard property. The Planning Commission concurs with these recommendations. Steve Anderson, representing Mr. Burle Thomas of 5609 Tieton, indicated he is situated directly north of the above address, currently proposed for R -1 zoning, but feels it would be suitable for an R -3 development. He indicated surrounding developments are mainly commercial, with B -2 zoning. He feels this zoning designation would be good for current use and give future direction to the area. It was suggested that Mr. Anderson go back to the Planning Commission with this request. Mr. Max Vincent, representing Roy Johnson, Jr., asked that the Council not delay on this request any longer, asking that the Ordinance be adopted with R -1 zoning of the orchard operations and subsequently a peti- tion be accepted for rezone. Mr. Johnson's property involves approximately 42 acres of open land used for orchard operation, which will probably continue in the future. Also present and speaking to this matter was Dr. Heffernan and Art Enbom. 64 JANUARY 5, 1976 After discussion, it was MOVED by Brown, seconded by Moore that Ordinance No. 1885, providing for the rezone of said properties, ' be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1885, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property situated in the re- cently annexed Summitview - Cascade Vista Area. This being the time set for Hearing on the Rezone Application filed by Broadmoor Mobile Homes, Inc., requesting rezone of property at 55 West Washington Avenue, Principal Planner Dick Hill reviewed the Planning Staff Report and Planning Commission Minutes on this request dated September 23, and December 2, 1975, respectively. He explained that the request is for a Planned Development addition to the existing Broadmoor Mobile Home Park, consisting of 72 mobile home spaces, playground area and common storage area. The . Planning Commission recommends approval, provided the drainage pro- blem on the north end of the property is appropriately solved. Mr. Lentz explained that the property involved in the drainage problem is on property owned half each by the City and Mr. Lentz indicated willingness to rectify this problem through obtaining a City easement. Also present and speaking to this issue was A.W. Presson. After due discussion, it was MOVED by Moore, seconded by Edmondson that Ordinance No. 1886, providing for said rezone, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1886, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning the property at 55 West Washington Avenue in the City of Yakima, Washington, from R-2, Two-Family Zone, to Planned Development Zone. This being the time set for Hearing on the Rezone Application filed by Joe Hocker, requesting rezone of property on the northwest ; ! corner of S. 29th Avenue and Nob Hill Boulevard, Principal Planner ■ Dick Hill reviewed the Staff Report and Planning Commission Minutes on this request dated September 30, and December 2, 1975, respectively. The request is for rezone to Planned Development to allow construction ! of a new Reesman's Drive-In Dairy. The Planning Commission recommends approval, subject to the following conditions: ! 1. That 10 feet of right-of-way be deeded to the City along the north side of Nob Hill Boulevard. 2. That curbs, gutters, street paving and sidewalks be installed at the developers expense at such time as deemed appropriate and necessary by the City Engineer. 3. That sign size and location be approved by the Office ' of Environmental Planning prior to issuance of a sign , I permit. , 1 Mr. Rod Knipper, Architect representing Mr. Hocker and,!Mr. Reesman, indicated concurrence with the recommendations. It was MOVED by Brown, seconded by Edmondson that Ordinance No. 1887, providing for ' said rezone, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1887, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at the northwest corner . of South 29th Avenue and Nob Hill Boulevard in the City of Yakima, I Washington, from R-2, Two-Family Zone, to Planned Development Zone. City Manager McMicken reviewed the Memo from City Attorney Andrews dated January 2, 1976, re admission taxes for skating rinks, this matter having come up at a recent City Council meeting in reference to the Magic Wheels Skating Rink, recently constructed inside the City limits. It was MOVED by Schussler, seconded by Brown that this matter be continued for one week: Brown and Schussler voting aye by voice vote; Broad, Edmondson, Moore and Simmons voting nay by 6t JANUARY 5, 1976 voice vote. The Motion lost for want of a majority vote. After further discussion, it was MOVED by Moore, seconded by Edmondson 1 that the Council ask Staff to prepare the appropriate legislation to eliminate admission tax on skating rinks: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by ' voice vote. It was MOVED by Moore, seconded by Brown that Resolution No. D-3446, authorizing the Director of Utility Accounts to write off uncol- 1 lectible accounts receivable by the Water-Sewer Fund, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. 1 RESOLUTION NO. D-3446, A RESOLUTION authorizing the Director of Utility Accounts to write off certain uncollectible accounts re- ! ceivable by the Water-Sewer Fund of the City of Yakima. = It was MOVED by Moore, seconded by Simmons that Resolution No. D-3447, authorizing the execution of an agreement granting joint easements for Bicentennial Pavilion driveways, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler I and Simmons voting aye on roll call. City Manager McMicken explained that this follows the City's contract with Noel- Cook-Lewis. ; RESOLUTION NO. D-3447, A RESOLUTION authorizing and directing the ;City Manager and City Clerk of the City of Yakima to execute an agreement with Morco Co. granting easements for joint driveways to the Bicentennial Pavilion site. It was MOVED by Brown, seconded by Simmons that Resolution No. D1-.3448, authorizing the City to execute and deliver a deed to Morco, Co., conveying portions of lots 15 and 16, Block 149, Huson's Addition, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. City Manager McMicken explained that this follows the City's contract with 1Noel-Cook-Lewis for the Bicentennial Pavilion. RESOLUTION NO. D-3448, A RESOLUTION authorizing and directing the ;City Manager and City Clerk of the City of Yakima to execute and 'deliver a deed conveying to Morco Co. a portion of Lots 15 and 16, Block 149, of Huson's Addition to the City of Yakima. i City Attorney Andrews requested that the legal counsel of Mr. Wes ;Wilson be retained in connection with a lawsuit entitled "Local 469-IAFF vs City of Yakima", which will be conducted to ;determine whether the Battalion Chiefs•shall be included or ex- Icluded from the Bargaining Unit. Mr. Wilson's services will be ! retained on the basis of $40 per hour. It was MOVED by Schussler, Iseconded by Simmons that the services of Mr. Wes Wilson, be ;authorized: carried, Broad, Brown, Edmondson, Moore, Schussler land Simmons voting aye by voice vote. A report from the City Engineer having been received on the ,completion of work and recommendation that said work be accepted and final payment made on Demolition and Disposal of the Chieftain !Hotel, Yakima Theatre and former Sears and Roebuck Building, it was MOVED by Schussler, seconded by Brown that the report of the !City Engineer dated December 30, 1975 with respect to the com- ipletion of the work on Public Works contract Demolition and !Disposal of Chieftain Hotel, Yakima Theatre and former Sears and Roebuck Buildings, be approved, the work be accepted and payment of the final estimate as therein set forth is hereby authorized: tcarried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. - 136 JANUARY 5, 1976 It was MOVED by Schussler, seconded by Moore that Ordinance No. 1888, specifying purposes and expenditures from the Bicentennial Pavilion Parking Fund, be passed: carried, Broad, Brown, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1888, AN ORDINANCE relating to funds and accounts; specifying purposes for expenditures from the Bicentennial Pavi- lion Parking Fund of the City of Yakima; and amending Subsection 3.93.050 C of the City of Yakima Municipal Code. It was MOVED by Schussler, seconded by Moore that Ordinance No. 1889, amending the City's Official Fire Zone Map, to include the Bicentennial Pavilion, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1889, AN ORDINANCE amending the Official Fire Zone Map of the City of Yakima. It was MOVED by Brown, seconded by Schussler that Ordinance No. 1890, authorizing condemnation of street right-of-way for improve- ments to Tieton Drive and 16th Avenue intersections, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1890, AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima to institute and prosecute legal proceedings for the condemnation and acquisition of real property for the widening and improving of the intersection of 16th Avenue and Tieton Drive and for the installation of curbs, gutters, sidewalks, drainage facilities and public utility facilities related thereto; providing for the condemnation and taking of such real proH perty and declaring the condemnation and taking thereof to be nec- essary for a public use required by the public interest; directing; that compensation for such taking be paid from City Fund N6. 142-Arterial Street Fund; and declaring an emergency. t It was MOVED by Edmondson, seconded by Brown that Ordinance No. 1891, adopting a policy concerning reimbursement for training and N education expenses of City employees and providing for reimburse- ment, be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting aye on roll call. ORDINANCE NO. 1891, AN ORDINANCE relating to city government employees; stating policy concerning reimbursement for training and education of City officials and employees, and providing' for such reimbursement; enacting Subsection 2.20.085 (a) as a new subsection of the City of Yakima Municipal Code; and declaring an emergency. Damage Claims having been filed with the City Clerk on December 30, 1975 by Stewart Scott, 2613 Powerhouse Road, in the amount of $160.120 for overpayment on a refuse billing and on January 2, 1976, by Eugene Lenseigne in the amount of $22,000 for costs in connection with a Police incident, it was MOVED by Schussler, seconded by Brown that said Damage Claims be referred to the City Manager and Staff for study and recommendation; carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. It was MOVED by Edmondson, seconded by Moore that the Resolution of Appreciation for Councilmen Mayor Bert Broad, Wray Brown, and Don Schussler, as read by Councilman Edmondson, be passed: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. JANUARY 5, 1976 There being no further business to come before the Council, it was MOVED by Moore, seconded by Simmons that this meeting be adjourned at 5:00 P.M. to Tuesday, January 6, 1976, at the hour of 12:00 Noon, to then meet in the Holiday Inn Restaurant: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. 5 READ AND CERTIFIED ACCURATE BY ///_.. 4' DATE 004; fO - IAN ta l■e•' DATE COUNC 14 A N ATTEST: . CITY ERK / MAYOR ADJOURNED REGULAR MEETING - TUESDAY, JANUARY 6, 1976 The City Council met in session on this date at 12:00 Noon in the Holiday Inn, Yakima, Washington. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Betty L. Edmondson, W. K. "Pete" Moore, Don Schussler and Dr. Bill Simmons. Councilmen held general discussion on various City matters. No formal action was taken. There being no further business to come before the Council, it was MOVED by Simmons; seconded by Moore that we do now adjourn at the hour of 1:30 P.M.: carried, Broad, Brown, Edmondson, Moore, Schussler and Simmons voting aye by voice vote. READ AND CERTIFIED ACCURATE BY DATE! ..)4. COU LMAN _O / /' J7(. Al 'COUNCILMAN ATTEST: CITY CLERK MAYOR 1