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.)
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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
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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
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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.
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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,
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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
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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.
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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
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ATTEST:
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CITY 7r ERK / MAYOR
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