HomeMy WebLinkAbout03/29/1976 Business Meeting .51_
MARCH 29, 1976
The City Council met on this date at 1:30 P.M. City Manager,
staff members and City Council members met at the intersection
of Chestnut and 8th Street for an on -sight sidewalk inspection of
defective sidewalk conditions. Councilmen present at the
1 meeting were Jean R. Allard, Mayor Betty L. Edmondson, Ralph
1 Holbrook, W. K. "Pete" Moore, Dr. Bill Simmons, Nadine Walker
E and Gordon Wonder. ,A11 participants returned to ,City Hall at 2:10
P.M. to continue with the Study._�Session.
I Returning to the Study Session Agenda, the Council next
reviewed materials concerning the Sidewalk Repair Program
with Director of Public Works Dave Vargas outlining existing
program conditions, and the cost formula arrangement in
which the City and property owners share repair costs
equally.
City Attorney Fred Andrews also reviewed a recent court case;
1 Griffin vs. City of Yakima, in which the Judge ruled against
1 the City and awarded $50,000 to a person who had stumbled and
1 been injured on a defective and unsafe curb. The ruling
of the Judge in this matter was based on the State law
which obligates the City to maintain sidewalks for safe
pedestrian travel. The ruling was premised on the fact
that the City does not have a regular and routine sidewalk
maintenance and repair program. Because of this deficiency
the City had not lived up to its obligations and was held
liable for the injuries to the pedestrian. Such a ruling
provides a sound reasoning for implementing a repair program
to avoid future liabilities.
1 The Council expressed general consensus towards the implemen-
tation of a revised sidewalk repair program and concurxed-
that the 50 -50 cost sharing formula was appropriate and
equitable between the City and property owners. The City
1 Manager indicated that the next steps in the process were
to renew the notifications and then depending upon responses,
hold public hearings where necessary for the Council to
j review the proposed assessments. Ralph Holbrook suggested
I that in notifying citizens that the letter describe the
? reasons why such a program is necessary to protect the liability
1 risks of the City and the safety of pedestrians alike.
I Council members were in agreement with the suggestion.
1
At 3:00 P.M., the Council members moved into the Council
j Chambers for the balance of the meeting, Mayor Edmondson
presiding, Councilmen Allard, Holbrook, Moore, Simmons,
Walker and Wonder, City Manager McMicken and City Attorney
1 Andrews present on roll call.
The Invocation was given by Councilman Moore.
1 The minutes of the previous meeting of March 22, 1976,
having been duly certified accurate by two Councilmen,
j and no one present wishing to have said minutes read publicly,
Mayor Edmondson declared said minutes approved as recorded.
Mayor Edmondson read a Proclamation declaring April 4,
1976 the second annual Professional Soccer Apple Cup Day.
This being the time set for a Hearing on the Rezone Application
filed by Randy Mayer and John Edwards, requesting rezone
of property located at the northeast corner of Arlington
and South 14th Avenue, it was explained that a petition
was filed by residents in the area, which were not able
to attend today's meeting, but wish to speak regarding
this matter and asked that the Hearing be continued to
I a later date when they could be present. Principal Planner
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MARCH 29, 1976
Dick Hill reviewed the Planning Staff Report and Planning Commission
Minutes on this request dated February 17 and March 2, 1976,
respectively. He explained the applicants request modification
to an existing Planned Development which was granted in 1971
for a proposed six-unit development which has not been built
and the property remains vacant. The applicants now request a
modification of that proposal to construct a four-unit complex,
consisting of two-story (three bedroom) units. Surrounding
zoning is R-2, Two-Family. The present proposal is in accordance
with the City's General Plan and College Plan. The Planning Staff
and Planning Commission recommend approval of this request.
' In response to a question from Councilman Allard as to what
opposition has been voiced, Mr. Hill explained that those opposed
have cited traffic congestion due to activities at Larson
Park and the College, which often creates parking problems
in the area. Mr. Hill explained that seven on-site parking
spaces are proposed for the development. The building height
will remain the same as previously proposed. Mr. Larry Fitzpatrick,
810 So. 13th Avenue, felt there would be additional traffic
congestion when parking is needed by the college students
and parking will be more in demand with the College expansion.
The applicant, Randy Mayer, explained that the units will
not be rented primarily to college students, but are designed
for faculty rentals. Mrs. Phyllis Steinert, 502 Stewart,
felt the proposal could increase the number of people in
the area and leave very little room on the adjacent narrow
streets for parking. Mr. Hill indicated that access is proposed
off of 14th Avenue. After discussion, it was MOVED by Holbrook,
seconded by Simmons that this Hearing be continued to the
evening meeting of April 19, 1976: EdmondSoh, Holbrook and Simmons
voting aye by voice vote; Allard, Moore, Walker and Wonder
voting nay by voice vote. The Motion lost for want of a majority
vote. In subsequent discussion, Councilman Moore felt the
Council should decide this matter today. Councilman Simmons
asked for the input of the Traffic Department regarding the
i proposed traffic congestion. Mr. Hill indicated they had
not voiced any major objection. Other Council members were
in agreement that the Council should decide the matter at
this time. It was then MOVED by Wonder, seconded by Walker
that Ordinance No. 1925, accepting the recommendation of
1 the Planning Commission and granting a modification to the
Planned Development, be passed: carried, Allard, Edmondson,
Holbrook, Moore, Simmons, Walker and Wonder voting aye on
roll call.
ORDINANCE NO. 1925, AN ORDINANCE granting modifications to
a Planned Development Zone for certain property situated
at the northeast corner of Arlington and South 14th Avenue
within the City of Yakima.
This being the time set for Hearing on a preliminary plat
I for the Farrell Subdivision, Principal Planner Dick Hill
reviewed the Planning Staff Report and Planning Commission
Minutes on this request dated February 24 and March 2, 1976,
respectively. Mr. Hill explained that the request is for I/
preliminary plat approval of 2 acres divided into 7 lots
located on the old PP&L reservoir site at the end of Park
Avenue. He explained that the applicant will come back at
a later time for rezone of the northern portion of Lot 4
: to R-3, Multiple-Family, with access from Lincoln Avenue.
The surrounding area is zoned primarily R-1, Single-Family
at the present time. He indicated all affected utility companies ,
and City departments have suggested changes and these have been
or will be complied with. The Planning Staff and Planning
Commission recommend approval, subject to the following four
conditions:
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MARCH 29, 1976
1. That existing utilities be indicated on the
preliminary plat for engineering purposes.
2. That all utilities be placed underground.
3. That the PP&L Canal and storm drain easement
be shown accurately.
1
4. That all improvements be installed or bonded
for their completion before final plat approval.
!
Councilman Allard felt there might be a traffic congestion
1 problem. It was explained that the plat provides for a
50-foot right-of-way and fully paved streets. All lots
are larger than 7200 square feet. Present and speaking
in favor of the request was Mr. and Mrs. Herbert Grant,
and Mr. Gerald Bridges, 312 Park Avenue. Mr. Bridges
indicated that his home is at the end of Park Avenue which
is very narrow and if the street is widened, it would
cut the property line back too far. He felt traffic
congestion in the area is already bad and indicated access
should come off of Lincoln rather than Park Avenue, asking
that the staff look into this. Mr. Hill indicated that
! when Lot 4 is short platted and the northern portion rezoned to
R-3, that will bring access off of Lincoln. After due
discussion, it was MOVED by Walker, seconded by Simmons
1 that the Council approve the preliminary plat for the
Farrell Subdivision: carried, Allard, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye by voice
vote.
Director of Public Works Dave Vargas spoke to the proposed
assessments for L.I.D. No. 1004, North 63rd Avenue Sanitary
Sewer District, as requested at the last Council meeting
in response to objections received from Mr. and Mrs. N.S.
Abbenhaus, (represented by Attorney George Velikanje), Charles
Flower and John Ibach. Mr. Vargas explained that the
*! Abbenhaus property is situated on lots 15, 16, 17 and
19 and their assessment was from $4,555.63 to $3,541.70. Since
their assessment was already reduced by $1,000, the staff
feels no further reduction should be made. If a further
reduction is made, others in the district will have to
pick up the cost or it will be picked up by future utility
customers. Mr. Vargas further spoke to the protest from
Mr. Flower, indicating his property involves two parcels
fronting on 62nd Avenue and the property is benefited
since the sewer runs up 62nd Avenue. No assessment adjustment
is recommended. Regarding Mr. Ibach's complaint regarding
the restoration of his yard property after completion
of the work, Mr. Vargas pointed out that it was the responsibility
of the property owners to fully restore the property, and
replacement of top soil was not required. Also present
and speaking to this matter was Attorney George Velikanje.
After due discussion, it was MOVED by Moore, seconded
by Walker that Ordinance No. 1926, confirming the assessment
I roll for LID No. 1004, be passed: carried, Allard, Edmondson,
, Moore, Simmons and Walker voting aye on roll call. Holbrook
and Wonder voting nay on roll call.
ORDINANCE NO. 1926, AN ORDINANCE confirming the assessment
roll covering Local Improvement District No. 1004 created
1
1 and established by Ordinance No. 1774 of the Ordinances
of the City of Yakima.
Inadvertently omitted above: Director of Public Works Dave Vargas
also explained that no other dwellings are built on the lot and that
there exists a covenant running with the land which prohibits the
lots (four lots) from being divided and sold separately.
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MARCH 29, 1976
City Manager McMicken explained the proposals to accommodate
,car rental services at the Yakima Air Terminal, to include
a proposed interim rental business agreement and license with
!Mr. Myrlin Ackerman, doing business as Airways Rent-A-Car and
a subsequent amendment to the Airport Parking Regulation Plan.
' He reviewed action taken March 15, 1976 whereby the Council
requested a - - trial period for these arrangements, which
will run April 1 to August 1, 1976. He explained Mr. Ackerman
will be provided a desk in the Air Terminal lobby near the
; telephone booth. City Attorney Andrews noted specific language
I in the agreement regarding equal treatment for all rental businesses'.
; He indicated that Mr. Ackerman has signed a rental agreement.
Mr. McMicken further explained the need for additional parking
space in the rental car parking area. A Courtesy Car temporary
; parking stall will be designated in front of the Terminal to the
east of the main entrance. Airport Manager Jim Eakin, being
! present, explained that on holidays and weekends when the returned
rental cars are all in, arrangements need to be made with APCOA
, for additional parking spaces and spoke to the possibility
of more parking in the east lot or near the control tower.
I Present and speaking to this matter was Mr. Jim Wickstrom of
National Rent-A-Car. He indicated that the City should plan
for more rental service booths should the rental business continue
to increase, but should not go out for bids for the space.
After due discussion, it was MOVED by Holbrook, seconded by
Moore that Resolution No. D-3502, providing for a interim rental
1 business agreement and license with Myrlin Ackerman, be passed:
I carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker
and Wonder voting aye on roll call.
= RESOLUTION NO. D-3502, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute
an automobile rental business agreement with, and approving
issuance of a license to, Myrlin H. Ackerman, for the operation
of an automobile rental business at the Yakima Air Terminal.
It was subsequently MOVED by Holbrook, seconded by Moore that
Resolution No. D-3503, providing for an amendment to the parking
regulation plan to provide a Courtesy Car parking stall, be
passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons,
1 Walker and Wonder voting aye on roll call.
RESOLUTION NO. D-3503, A RESOLUTION adopting an amended "Air
Terminal Parking Regulation Plan" and amended map; and directing
1 the installation of a parking regulatory sign and the posting
of an amended plan map, in accordance with such amended parking
regulation plan.
1
; City Manager McMicken explained the proposed lease agreement
covering a portion of the Tahoma Cemetery property, indicating
that the existing lease has expired and the high bidder was
1 the former Lessee Jack Teitenberg, in the amount of $610 per year.
The lease is for the remainder of 1976 through 1977. It was
MOVED by Wonder, seconded by Allard that Resolution No. D-
3504, authorizing the execution of said lease agreement, be
= passed: carried, Allard, Edmondson, Holbrook, Moore, Walker
and Wonder voting aye on roll call. Simmons temporarily absent.
RESOLUTION NO. D-3504, A RESOLUTION authorizing the City Manager
and City Clerk of the City of Yakima to execute a lease agreement
covering a portion of Tahoma Cemetery property.
=
In accordance with Council action taken March 22, 1976, it
was MOVED by Allard, seconded by Simmons that Resolution No.
D-3505, authorizing a grant of funds to Yakima County for District
Court Probation services, be passed: carried, Allard, Edmondson,
Holbrook, Simmons, Walker and Wonder voting aye on roll call;
Moore voting nay on roll call.
RESOLUTION NO. D-3505, A RESOLUTION authorizing a grant of
$20,000 to the County of Yakima to finance Probation Programs
and Services.
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MARCH 29, 1976
City Attorney Andrews explained the Motion initiating amendments
to the present Zoning Code regulating the location of carnivals,
explaining that this matter will next be heard by the Planning
Commission and sent back to the Council. He indicated
the amendments center around a provision to allow carnivals
within 500-600 feet of parks, playgrounds, school grounds, or
residences. It was MOVED by Moore, seconded by Holbrook that
the Motion, initiating said amendments, be passed: carried,
Allard, Edmondson, Holbrook, Moore, Simmons, Walker and
Wonder voting aye by voice vote.
MOTION, A MOTION initiating amendments to Sections 12.36.020
and 12.60.040 of the City of Yakima Municipal Code.
City Manager McMicken requested approval of payment to
Mr. Sam Burns for his consulting services on the Bicentennial
Pavilion in the amount of $3,270.12. It was MOVED by Walker,
seconded by Moore that payment to Mr. Burns be approved:
carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker
and Wonder voting aye by voice vote.
Director of Parks and Recreation Bill Hutsinpiller reported
on responses to an inquiry made to the various schools
regarding reenactment of the City's Youth Advisory Commission.
Out of those schools surveyed, Carroll High School and
J. M. Perry Institute indicated an interest in reviving
the Commission. Mr. Hutsinpiller reviewed the purposes of the
Commission in gaining information from youth of the community
on park development projects. He explained that the Parks
Department would like to again establish the Commission
on their own in the future. Councilman Wonder suggested
that the Parks Department also engage those of a younger
age, rather than directing attention to High School Seniors.
Mr. Dave Schilperoort, being present, explained that the
survey was sent to the Student Body Presidents and Faculty
Representatives. No further action was taken on this matter
at this time.
A report having been received from the City Engineer on
the completion of L.I.D. No. 1002, South 1st Street Sewer
District, Russell Lane to Lindy Lane, it was MOVED by Moore,
seconded by Holbrook that April 26, 1976, be the date set
for hearing on the assessment roll: carried, Allard, Edmondson,
Holbrook, Moore, Simmons, Walker and Wonder voting aye
by voice vote.
Principal Planner Dick Hill reviewed the request for outside
utility service by Mr. Gaylord Newby for water service
to a proposed 4 lot short plat in the vicinity of Whatcom
Avenue south of Washington Avenue. Access is provided
down 10th Avenue to Whatcom. However, Mr. Hill expressed some
concern for no apparent access by a paved street and indicated
the staff recommends the request be denied, but if the request
should be resubmitted with street indications, the staff
would be in favor of this request. There is a requirement
for standard 50-foot street right-of-way. Gaylord Newby,
being present, said if a street is provided, this would have
property parcels only 64 feet deep. He indicated it is
unlikely for a street to be needed and He explained there will
be access via a 25-foot easement. Several Council members
expressed concern over the need for paved streets to accommodate
persons living there in the future. After due discussion,
it was MOVED by Walker, seconded by Moore that the Council
grant the request to Mr. Gaylord Newby for water service
to his proposed housing development: carried, Allard,
Moore, Walker and Wonder voting aye by voice vote; Edmondson,
Holbrook and Simmons voting nay by voice vote.
156
MARCH 29, 1976
An Ordinance appropriating $10,300 for planting trees along Naches
1 Avenue, having been read by title only at the previous meeting
and being again read by title only at this meeting, it was MOVED
: by Simmons, seconded by Walker that Ordinance No. 1927, providing
for said appropriation, be passed: carried, Allard, Edmondson,
Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll
call.
ORDINANCE NO. 1927, AN ORDINANCE appropriating the amount of $10,300
from unappropriated money in 123-Community Development Fund to
1 Account 123.539.50.63 as a 1976 appropriation for 123-Community
Development Fund.
An Ordinance appropriating $14,362 in the City Street Fund to
pay equipment rental charges to the City Garage, having been read
1 by title only at t1IP 'previous meeting and being again read by
,
title only at this meeting, it was MOVED by Moore, seconded by
1 Simmons that Ordinance No. 1928, providing for said appropriation,
be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons,
Walker and Wonder voting aye on roll call.
ORDINANCE NO. 1928, AN ORDINANCE appropriating the amount of $14,362
from unappropriated money in 141-Street Fund to Account 141.542.61.39
as a 1976 appropriation for 141-Street Fund.
In accordance with earlier Council action re car rental services
at the Yakima Air Terminal, it was MOVED by Wonder, seconded by
! Simmons that Ordinance No. 1929, amending Section 5.07.025 of
I the City of Yakima Municipal Code, specifying limitations on the
number of auto rental licenses at the Air Terminal, be passed:
I carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and
Wonder voting aye on roll call.
ORDINANCE NO. 1929, AN ORDINANCE relating to licenses and business
! regulations; limiting the number of automobile rental businesses
to be licensed to operate at the Yakima Air Terminal; amending
Section 5.07.025 of the City of Yakima Municipal Code; and declaring
an emergency.
An Ordinance transferring $20,000 from Federal Revenue Sharing
Fund to Governmental Fund and appropriating that amount to Yakima
County for District Court Probation Services, having been read
by title only at this meeting, was laid on the table for one week
or until April 5, 1976.
Mr. Sarg Hubbard, Chairman of the Yakima Center-Bicentennial Pavilion
Advisory Board, reviewed the written recommendations for Selecting
1 Works of Art for the Pavilion. Mr. Hubbard explained the Advisory
Board had asked assistance from the Allied Arts Council and
the written recommendations resulted. Mr. Hubbard pointed
out that $12,500 has been set aside in the Pavilion Budget for
Works of Art to be included in the Pavilion. The recommendations
include provisions for an Art Selection Panal to be approved
by the Yakima City Council, representing various design professions
within Yakima County. Councilman Holbrook reminded those present
that in view of this being Bicentennial Year, he felt the general
art theme for the Pavilion should correspond. After discussion,
it was MOVED by Wonder, seconded by Moore that the Council
1 approve the written recommendations of the Pavilion Advisory
Committee for selecting Works of Art for the Bicentennial Pavilion:
carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker
and Wonder voting aye by voice vote.
It was MOVED by Simmons, seconded by Holbrook that the letter
received from Mr. Ronald Spratt dated March 23, 1976, regarding
privacy for his home at 2415 Summitview Avenue, be referred
to the City Staff: carried, Allard, Edmondson, Holbrook, Moore,
Simmons, Walker and Wonder voting aye by voice vote.
1
1
MARCH 29, 1976
Petition No. 876, having been filed with the City Clerk
' on March 25, 1976, by Washington Fruit and Produce, Inc.
requesting vacation of right -of -way in the vicinity of 2nd
Avenue and Cherry, it was MOVED by Holbrook, seconded by
Simmons that this Petition be referred to the Planning Commission
and that Resolution No. D -3506, fixing the time of Hearing
for April 26, 1976, be passed': . Allard, Edmondson,
Holbrook, Moore, Simmons;' 4t7a'lke and Wonder voting aye on
roll call.
RESOLUTION NO. D -3506, A RESOLUTION fixing the time and
place for hearing on a Petition for the vacation of an unimproved
street right -of -way.
A Damage Claim having been filed with the City Clerk on.
t March 20, 1976, by Gene L. Glander, 1413 Willow Stret;
in the amount of $92.50 for damages to his vehicle from
' a water meter cover, it was MOVED by Moore, seconded by
Simmons that said Damage Claim be referred to the City Manager
and Staff for study and recommendation: carried, Allard,
' Edmondson, Holbrook, Simmons, Moore, Walker and Wonder voting
aye vote.
, 'City' Manager McMicken explained that the City received word
from EDA last week to file an application for downtown improve-
ment project funding. Mr. McMicken reviewed funding sources
E as follows:
EDA (56 %) $945,000
City (44 %) $753,063
Total $1,698,063
Mre McMicken then reviewed a breakdown in the City's share
' as follows:
1 /2c gas tax monies $149,000
EAA Loan - $250,000
GO Bond - $200,000
P.M.R. - $98,000
Additional requested from the City - $56,063
Total - $753,063
City Manager McMicken reviewed anticipated sales tax revenues
1 for 1976 to help provide the additional $56,063 being requested.
After due discussion, it was MOVED by Walker, seconded by
' Holbrook that the Council authorize this proposal for matching
the proposed EDA Grant: carried, Allard, Edmondson, Holbrook,
Moore, Simmons, Walker and Wonder voting aye by voice vote.
City Manager McMicken requesting authorization for out-of-
/
1 state travel for Administrative Assistant Dick Zais to accompany
the City Manager to Portland Oregon to attend the City Manager's
1 Conference, April 1 -3, 1976: it was MOVED by Moore, seconded
1 by Holbrook that said travel be approved: carried, Allard,
1 Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting
! aye by voice vote.
I
1
11 e
MARCH 29, 1976 - APRIL 1, 1976
There being no further business to come before the Council, it
was MOVED by Allard, seconded by Moore, that this meeting be
adjourned at 5:40 P.M. to Thursday, April 1, 1976, at the hour
of 12:00 Noon, to then meet in the Holiday Inn Restaurant: Allard,
Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting
aye by voice vote.
READ AND CERTIFIED ACCURATE BY ' USU.. ).N., DATE
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ATTEST:
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CITY C
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ADJOURNED REGULAR MEETING - THURSDAY; APRIL 1, 1976
The City Council met in session on this date at 12,00 Noon in the
Holiday Inn Restaurant, Yakima, Washington.
Councilmen present at the meeting were Jean R. Allard, Mayor Betty L.
Edmondson, Ralph Holbrook, W. K. "Pete" Moore, Dr, Bill Simmons and
Nadine Walker. Councilman Gordon Wonder absent.
Council members held general discussion on various City matters. No
formal action was taken at this meeting.
There being no further business to come before the Council, it was
MOVED by Moore, seconded by Walker that we do now adjourn at the hour
of 1:30 P.M.: carried, Allard, Edmondson, Holbrook, Moore, Simmons
and Walker voting aye by voice vote. Wonder absent.
READ AND CERTIFIED ACCURATE BY ,
COUNCILMAN ----
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CO' CILMAN
ATTEST:
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CITY C
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