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HomeMy WebLinkAbout03/28/1977 Business Meeting 475 MARCH 28, 1977 The City Council met in session on this date at 1:30 P.M. in the Conference Room of Yakima City Hall. 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 announced that on Sunday, April 17, the City Council will have dinner and tour the Greenway Park Plan with the Washington State Parks and Recreation Commission. Councilman Wonder suggested they also show the Parks Commission the area around Nelson Bridge because he feels the Greenway should be in that undeveloped area. City Manager Eastman and Project Coordinator Dave Vargas reviewed the Six Year Street Construction Program with the Council. They stated 1/2 cent gas tax funds can be used for construction but not for planning. Mr. Vargas stated that item 1-D did not appear on the handout, and it is the Opticom system which is in the 1977 budget with funds coming from FAM and 1/2 cent gas tax. Mr. Vargas stated that FAM funds can be spent on either secondary arterials or major arterials. Councilman Moore requested that staff review the cost of the intersection on Naches Avenue and Yakima Avenue. He stated he feels this estimate is too high. Mr. Vargas stated that Opticom leaves some key intersections out because there is not enough funding available. Councilman Moore requested staff look for a solution to the Opticom funds and come back to Council with alternatives. Councilman Allard requested that staff review the cartage of the track and the franchise with YVT for the railroad tracks running on Nob Hill Boulevard. Mr. Vargas reviewed with Council the plans for improvements to the intersection on 16th Avenue and Summitview. He stated the School District wants the widening to go all the way to 17th Avenue and are willing to have a protected stairway and give up their trees. He stated the staff will arrange meetings with the citizens living in the area. Councilman Allard asked questions regarding the adult book store wanting to move in the middle of Yakima Avenue. City Manager Eastman stated the City Attorney is drawing up an ordinance to go before the Planning Commission to create a B-4 zone which would have everything in-the B-3 zone and would also allow adult book stores. At 2:45 P.M., it was MOVED by Allard, seconded by Moore that Council move into Executive Session to discuss the acquisition and trade of real estate in the vicinity of City Hall: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. At 3:00 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 Eastman and City Attorney Andrews present on roll call. The Invocation was given by Mayor Edmondson. 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, Mayor Edmondson declared said minutes approved as recorded. 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. Councilman Simmons requested that item number twelve be deleted from the Consent Agenda and considered in its normal sequence on the Agenda. It was the consensus of the Council that the deletion, as requested, be made. The City Clerk then read the Consent Agenda items including Ordinances by title. It was MOVED by Walker, seconded by Simmons 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.) t76 MARCH 28, 1977 Mr. Harry Caperton of Greater Yakima Chamber of Commerce spoke to Council reporting on what the Chamber has been doing in regard to water conserva- tion. He stated they are working on signs, place cards, mail stuffers, etc., on water wasted. They also have the Boy Scouts working with them. ' This being the time set for a Hearing on L.I.D. No. 1006, Cascade Vista Sewer District, Mayor Edmondson asked if any citizens present wish to speak to this matter. Mr. DOn McNulty; 10 North 54th Avenue, spoke to Council stating he feels the assessments should not be made according to the square footage of the property but should be divided equally. Council members explained that this method and formula are based on State Law and it is determined that the largest lot has the greatest property value. Mayor Edmondson then read a letter from Mr. and Mrs. Roy E. Hill, 4 North 54th Avenue, who also objected to the way the II/ assessments were derived. Mrs. Glen Snodgrass, 4801 Summitview, asked various questions regarding the percent of interest and the method of paying assessments. After an her questions, it was MOVED by Allard, seconded by Simmons that Ordinance No. 2058, confirming the assessment roll be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2058, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1006, as created and established by Ordinance No. 1845 of the Ordinances of the City of Yakima. This being the time set for a Hearing on the rezone request filed by Richard J. Hernandez, Mayor Edmondson asked if anyone present wished to speak to this matter. There being no one present wishing to speak to this matter, it was MOVED by Simmons, seconded by Wonder that Ordinance No. 2059 accepting the recommendation of the Planning Commission and rezoning said property be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2059, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at 13 and 15 North 6th Street from R-3, Multiple Family Zone, to B-2, Local Business Zone. This being the time set for al Hearing on the rezone request filed by U- Haul Company of Spokane, Inc., requesting rezone of property located at 1802 West Nob Hill Boulevard; Mayor Edmondson asked if anyone present wished to speak to this matter. There being no one present wishing to speak to this matter, it was MOVED by Holbrook, seconded by Simmons that Ordinance No. 2060, accepting, the recommendation of the Planning Commission and rezoning said property be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2060, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property at 1802 West Nob Hill Boulevard from B-2, Local Business Zone, to B-3, General Business Zone. This being the time set for a Hearing on the approval of a preliminary plat, North Ridge View, as requested by Joseph F. Lindeman, 4509 Scenic II/ Drive, Mayor Edmondson asked if anyone present wished to speak to this matter. There being no one present wishing to speak to this matter, Councilman Allard asked if the lower half of Scenic Drive could be paved at this time also. Director of Community Development, Glenn Rice stated it couldn't because it is owned by a different person. It was MOVED by Walker, seconded by Simmons that this preliminary plat be approved according to the seven conditions recommended by staff: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. Recommendations are as follows: 1. That all utilities be underground in accordance with the easements as shown on the preliminary plat. 2. That three fire hydrants be located within the development in conjunction with, under the direction, and in accordance with the specifications of the Yakima City Fire Marshal and the City Engineer. '477 MARCH 28, 1977 3. That both an 8-inch domestic water system and an 8-inch sewer system be installed within the plat to meet City specifications under the direction and requirements of the Yakima City Engineer. 4. That all streets be finished with paving, curbs and gutters in accordance with the requirements of the City Engineer and that the upper level of Scenic Drive be completely paved, curb to curb with 24 feet of asphaltic concrete with the restriction that no parking be allowed along either side of the completed street. All remaining - streets be finished with asphaltic concrete to meet the requirements of the City Engineer with 36 feet of paving from curb to curb. 5. That the developer install, at his own expense, five street lights to meet the specifications of the Yakima City Traffic Engineer. Upon installation, the City will be responsible for maintenance and energization of these lights. 6. That the-developer work with City officials including Fire and Police Departments and the U. S. Postal Service to change the name of proposed Mt. Clemens Drive to mitigate conflicts within the City of other similarly names areas. 7. The applicant review and meet all additional requirements as outlined in the Yakima Municipal Code for final plat approval. This being the time set for a hearing on the approval of a preliminary ' plat of Prestige Manor, requested by Gaylord Newby, Broker, City Attorney Andrews read into the record his memo dated March 21, 1977, which was received by the City Council in their packets and was also received by both lawyers involved in this hearing. The memo is as follows: "A City Council hearing on a preliminary plat approval is scheduled for March 28, 1977. In connection with that .hearing, attached is a letter and memorandum of legal authorities I received last week from Ronald F. Whitaker, Attorney at Law, who represents the person proposing that plat. I have reviewed the cases and legal authorities cited in Mr. Whitaker's brief. Those authorities, along with others reviewed by me in an independent search, support the legal position and argument made by Mr. Whitaker on behalf of his client, with one reservation mentioned below. Before discussing that one reservation, in order to gain a proper perspective of legal principles involved, it is helpful to understand that the state statute (RCW Chapter 58.17) which governs plat approval, requires a hearing by the planning commission " . . . to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city . . . " The state statute also makes it clear that the recommendation of the planning commission is advisory only, and not binding on the city council. In the instant case, the recommendation of the planning commission to deny plat approval is not based on lack ofrconformity of the plat with the City's general plan or zoning or platting requirements of the Yakima city code. In fact, both the staff report and minutes of the Planning Commission meeting indicate that the proposed plat does comply with all applicable city requirements and standards, as that plat will be revised to follow the recommendations of the planning staff. Final approval or rejection of the plat is within the province of the City Council. The applicable statute governing that decision requires that the plat be approved if the Council finds the proposed plat conforms to all city requirements and standards for streets, alleys, drainage ways, water supplies, etc., unless some overriding concern of public health, safety or general welfare requires it to be in the public interest that the plat be disapproved. The one reservation referred to above, concerning the legal posture taken by Mr. Whitaker on behalf of his client, is that the City Council may deny plat approval on a finding by the Council of an aspect of public health, safety or general welfare which requires denial of the plat approval in the best public interest, even though the proposed plat may otherwise comply with city requirements. In the instant case, 47S MARCH 28, 1977 however, the file discloses no showing of facts or circumstances which could support a City Council decision that the public health, safety and general welfare require the plat to be disapproved for the best interests of the public. Frankly, I would be hard pressed to defend a mandamus action, or other appropriate legal action, which may be brought against the City in the event the plat is disapproved because of objections of the neighbors in the immediate vicinity. If the City Council is to disapprove this plat, and if that disapproval is to be defensible, that disapproval will have to be based on some finding and conclusion of the City Council that some overriding public interest requires disapproval, in spite of the fact that the plat otherwise conforms to city requirements." Mr. Ronald Whitaker, Attorney for Gaylord Newby, spoke to Council stating II/ the original plan was for duplexes, but the citizens in the neighborhood objected so they decided to have single family residences. He stated the entire plat is designed with larger than required lots and meets all the legal requirements. Present and speaking in opposition to the preliminary plat were Mr. and Mrs. Dick Marble, 4910 Snowmountain Road, Mr. and Mrs. Fred Geisert, 4912 Snowmountain Road, Mr. Henry Heffernan, 5005 Summitview, Mrs. Barbara Rankin, 5310 Bitterroot, June and Penny James, 5010 Bitterroot Way, Mr. and Mrs. Walter Kennedy, 5102 Bitterroot Way, Mrs. Mary Ellen Friehauf, 4509 Avalanche Avenue, Mr. and Mrs. Conrad Carlson, 4902 Snowmountain Road, Mr. William Maher, 4820 Avalanche, Mrs. Jean Loy, 4906 Snowmountain Road, and others. A letter of objection from Eyler L. Elliott, 4804 Snowmountain Road, was received and read aloud. Mr. Jim Kennedy, Attorney for the citizens in opposition to this plat, spoke to Council stating that the reports have no indication of noise effect, traffic and other concerns of the neighbors. Mr. Kennedy requested that an environmental impact statement be made in the area after he read aloud a portion of the state environmental policy act to the Council. He stated that the zoning laws predated SEPA. Mr. Kennedy then stated he felt compelled to submit a request on behalf of his clients that two members of the Council not vote on this issue as they could have an interest in selling property in the area at some future date. It was MOVED by Moore, seconded by Walker that this matter be referred back to the Planning Commission and staff for further study and a complete environmental policy assessment made on the area: carried, Edmondson, Moore, Simmons, Walker and Wonder voting aye by voice vote. Allard and Holbrook not voting. Council members recommended that the developer meet with the concerned neighbors. In regard to City Attorney Andrews' memo dated March 16, 1977, City Manager Eastman stated there is legislation pending at the state level on reviewing Board of Adjustment decisions and it is recommended that the Council postpone this item until the State Legislature makes a decision. It was the consensus of the Council to postpone this item as recommended. Mr. Young spoke to Council regarding the recent rezone obtained by United Builders for property located south of Nob Hill Boulevard on South 22nd Avenue. He stated United Builders have not done any of the things they promised including dust abatement, dumping of trash and parking of cars and trucks. It was MOVED by Moore, seconded by Holbrook to refer this matter to staff with a recommendation to proceed preparing whatever legal steps necessary to abate these problems: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. *It was MOVED by Walker, seconded by Simmons that the outside utility request filed by Lawrence Boltz, 4302 West Nob Hill Boulevard, for sewer connection be approved: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. It was MOVED by Moore, seconded by Wonder that Ordinance No. 2061, prohibiting parking on certain streets and amending the code, be passed: carried, Edmondson, Holbrook, Moore, and Wonder voting aye on roll call. Allard temporarily absent, Simmons and Walker not voting because they are employed at Memorial Hospital. 479 MARCH 28, 1977 ORDINANCE NO. 2061, AN ORDINANCE relating to traffic control; prohibiting parking at all times on certain streets within the City of Yakima; and amending Section 9.50.500 of the City of Yakima Municipal Code. *It was MOVED by Walker, seconded by Simmons that Ordinance No. 2062, amending the regulations for observing City holidays, be passed: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye on roll call. ORDINANCE NO. 2062, AN ORDINANCE relating to City personnel; adopting regulations for observing holidays which fall on a Saturday or Sunday; and amending Subsections 2.40.080 C and 2.40.080 D of the City of Yakima Municipal Code. 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 5:20 P.M., to then meet at the Holiday Inn Restaurant at 12:00 Noon on Thursday, March 31, 1977: carried, Allard, Edmondson, Holbrook, Moore, Simmons, Walker and Wonder voting aye by voice vote. READ AND CERTIFIED ACCURATE o r- / / . ATE C0 N, IL ,AN Ay _ / _ 2 DATE COU AN ATTEST: ■)114.149 CITY 7r ERK / MAYOR • I I