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HomeMy WebLinkAbout04/06/1970 Business Meeting APRIL 6, 1970 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, McNeice and Robinson, and City Manager McMicken present on roll call. Councilman Lust and City Attorney Andrews absent on roll call. It was MOVED by Robinson, seconded by Keith, that Councilman Lust be excused from this meeting: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. The Invocation was given by City Manager McMicken. The minutes of the regular meeting of March 30, 1970, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. . Mayor Larson introduced visitors attending today's Council meeting - -three West Valley High girls who are delegates to Girls' State at Ellensburg,. Jane Darby, Yvonne Inman and Dianna Sloon. Mr. Jack E. Nettleship, President, North Pacific Construction Company, being present at this time, it was MOVED by Keith, seconded by McNeice, that the matter which Mr. Nettle - ship planned to present later in the meeting be brought on for discussion at this time: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lust absent. City Manager McMicken read a letter received from Mr. Nettleship, requesting permission for access to cross portion of the west twenty -five feet of the City Industrial Waste Water area, which is adjacent to the freeway, and indicating that they would agree to build the road on past its present end to complete it across the property and to leave the present.r_oad in as,.good, or,better, condition than it is presently, upon the completion of their work. Mr.,Nettleship explained that some type of construction is being contemplated, but is not at liberty to state what it is, and that before plans - can be finalized, they need to know if they can cross this land to obtain fill material in order to figure the complete cost of the proposed project. He indicated that the owner might want to annex to the. City later. Public Works Director, John Mayo, explained that the State Highway Department owns the next piece of property and that they already have . an access road to haul. Council members indicated that they felt authorization for an access road should not cause any problems, but that it would be wise for the departments . to see the whole picture before the project is moved along. After due discussion, it was MOVED by Robinson, seconded by Brown, that it be the concensus of the Council, that the request of Mr. Nettleship be granted to the extent that it involves the use of the area for haulage purposes only and that an agreement should be drawn up setting forth the conditions to granting said request: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lust absent. 0 This being the time fixed for the continuation of the Hearing on Resolution of Intention No. D -1457, to make .. certain improvements adjacent to•Yakima Mall and City Manager McMicken stating that the City Attorney has requested that this matter be further continued, it was MOVED by Robinson, seconded by Keith, that this matter be further continued for one week: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lust absent. In connection with the L. O. Beaver Vacation request and Hearing which was continued from March 30, 1970 and a,Resolution having been prepared authorizing the execution of an agreement and license with Robert N. English, it was MOVED by McNeice, seconded by Keith, that Resolution No. D -1469 authorizing the execution of said agreement and license be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Lust absent. RESOLUTION NO. D -1469, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute and agreement with, and accept the grant of a license from, Robert N. English. This being the time fixed for the continuation of the Hearing on Petition No. 653, filed by L. O. Beaver, requesting Vacation of a portion of street right -of -way located east of Glenn Drive between Summitview and Chestnut, having been continued by Council action to allow time to work out an irrigation problem, this matter has been resolved and a new Ordinance providing for said Vacation has been prepared. After due discussion, it was MOVED by Brown, seconded by Lambert, that Ordinance No._1216 providing for said Vacation be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting on roll call. Lust absent. ORDINANCE NO. 1216, AN ORDINANCE providing for the vacation of unimproved street right -of- way in the City of Yakima, Washington. - This being the time fixed for the continuation of the Hearing on the Appeal from the Plan- ning Commission's decision in denying Rezone Application of James M. Newbbrn.: and Others, requesting rezone of property located at 1315 South 6th Street, it was MOVED by Lambert, seconded by Robinson, that the Resolution affirming the action of the Planning Commission in denying said Rezone Application be passed as read. Mr. Ed Loidhamer of the Planning Department reviewed this matter, explaining that Mr. Newborn has requested rezone of this property from R -3, Multiple- Family Zone, to B -2, Local Business Zone, to develop a drive - in restaurant. Mr. Loidhamer reported that most of the surrounding vicinity is zoned R -3 and is a combination of residential and vacant property. He further reported that there is a wood yard immediately south of the Newborn property; that immediately west across South 6th Street a truck wash has been established, and along South 1st Street a variety of strip commercial and light and heavy industrial uses are located. Mr: Loid- hamer stated - hat the General Plan indicates that the area in question be developed as medium density residential and that the Planning Staff feels that the rezoning of the applicant's property to a Local Business Zone appears completely contrary to the intent of the General Plan and would amount to spot zoning, and recommended the application be denied. He‘reported that the Planning Commission reviewed the situation and the Planning Staff recommendation, and considered to -quite a degree the studies which are being conduc- ted in this area regarding the Southeast Yakima Center and park, and felt that with such redevelopment planning that this would be 'a poor time to begin rezoning this area. He 37 • APRIL 6, 1970 further reported that after extensive review and discussion, that the Planning Commission recommended denial of the rezone application, which was appealed by Mr. Newborn and others Mr. Don Tunstall, attorney representing Mr. Newborn and Others, explained that Mr. Newborn is purchasing the Fox property directly north of his property, andalthough he is disabled, would like to support himself with the proposed drive -in restaurant. Mr. Tunstall indica- ted that this application for rezone is an . integral part of the City's growth in that area and the proposed plans were definitely in keeping With the current trend of the surround- ing area with the heavy industrial and general business to the west on South First Street and East Nob Hill Boulevard, and that the property is approximately three blocks from the Southeast Center, which further indicates that Mr. Newborn's application is entirely in keeping with the growth of the City in the. Southeast area. He stated that the neighbors in the area all agree that this drive -in restaurant would be an added improvement to the neighborhood. Mr. Tunstall referred to the last Planning Commission's vote which was very close, and that almost half of them felt that our General Plan did not and should not apply in'this case. Mr. Larry Robinson, being present, stated that he is not connected with this rezone application but merely wanted to see if this matter was in any way tied in with urban renewal. Councilman Robinson stated that he feels it would be premature to rezone this property at this time and that it is distinctively a spot zone, right in the R -3 area. He indicated that he is not convinced that there should be a change until we see what developments take place in that area and feels that it would be a mistake to disagree with the Planning Commission. Councilman Lambert stated that she is concerned that this area is pretty much blocked off by industry and with Nob Hill a very busy -ar- terial, there are many factors involved. She indicated that she is anxious to see the sty of this area which is being made and wondered if there is . a possibility of delaying action on this matter until the report is received and studied. Mrs. Lambert referred back to the time that the General Plan was reviewed, and feels that we should have an open mind regarding developing and not base a denial on the General Plan in this area. Councilman Keith stated that he is not sure that we would find any pat answer by delaying action on this matter and feels that this would be setting a dangerou`s•precdent. He further stated that since there is not an over -all plan of rebuilding in the area, there is no justifica- tion in waiting. After due discussion, it was MOVED by Lambert, seconded by McNeice, that this matter be continued until June 8, 1970: Brown, Lambert and Robinson voting aye by Voice vote. Motion failed for want of a majority vote. Councilman Keith stated that he can see no value to continue the hearing for two months. Councilman Brown stated that he voted to continue the hearing and does not agree with some, that this would be spot . zoning. He further stated that he believes Mr. Newborn's project would help the area and not hurt it in any way. Mayor Larson then called for the roll call vote on the Motion to pass the Resolution denying said rezone application, Keith and Robinson voting aye on roll call. Brown, Lambert, Larson and McNeice voting nay on roll 'call. Motion failed for want of a majority vote. A Motion disapproving the denial by the Planning Commission, then being read, it was MOVED by Brown, seconded by McNeice, that said Motion disapproving the recommendation of the Planning'Commission and referring the matter back to the Planning Commission be passed as read: carried, Brown, Lambert, Larson and McNeice voting aye on roll call. Keith and Robinson voting nay on roll call. Lust absent. MOTION, A MOTION disapproving the denial by the Planning Commission of a rezone applica- tion filed by James M. Newborn and Others. • Petition No. 657, requesting improvement of property by the construction of curbs, gutters and surfacing of streets, and Petition No. 657, requesting improvement of property by the construction of a sewer, in McCargar's Westside Tracts, located south of Chestnut Avenue and west of South 48th Avenue, having been filed with the City Clerk on March 30, 1970, by Harvey M. and Marjorie I. Paulson and Others, it was MOVED by Robinson, seconded by Brown, that said petitions be referred to the City Manager and Staff for study and recom- mendation: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voic vote. Approval of an outside City utility service for Mr. Donald E. Skidmore at 3402 Roosevelt Avenue, being listed on the Agenda for consideration later in the meeting, and Mr. Skid- more being present, it was MOVED by Robinson, seconded by Brown, that this matter be brought on for discussion at this time: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lust absent. City Manager McMicken explained that Mr. Skidmore has submitted an application for a utility connection outside the Yakima City limits, requesting domestic sewer service for the property located at 3402 Roosevelt Avenue. He referred to the report from the Department of Planning & Community Development, which gives the surrounding land use and zoning and indicates that the. General Plan for the City delineates the unincorporated area that includes the Skidmore property as being primarily Low .Density Residential. The report further indicates that after consulting with the City Engineer and Utility Department, the Department of Planning and Community Development has determined that this;:property could be effectively served by an 8 -inch sanitary sewer line that presently deadends directly in front of the pro- perty in_question, and inasmuch as the applicant has signed the Outside Utilities. Agree- ment, assenting to annexation when feasible, as well as conformity with building, zoning and other codes, regulations and policies of the City of Yakima with regard to any future development, recommends that the Outside Utility Request for domestic sewer service be approved. After due discussion, it was MOVED by Keith, seconded by McNeice, that said outside City utility service be approved: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye byvoice vote. Lust absent. An Ordinance appropriating $10,300 from Current Expense to the Planning Department, having been read in its entirety at this meeting, was laid on the table for one week, or until April 13, 1970. City Manager McMicken explained that this amount is necessary to pay expenses to complete a current housing, environmental and family study being performed by the Department of Planning and Community Development and could not have been forseen at the time of the adoption of the 1970 Budget. In accordance with action taken by the Council at the previous meeting ofMarch 30, 1970 and an Ordinance authorizing an additional day of vacation for Fire Department employees, having been prepared, it was MOVED by Keith, seconded by Robinson, that Ordinance No. 1217 authorizing said additional day of vacation for-Fire Department employees and amending the Yakima Municipal Code be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Lust absent. X 38 APRIL 6, 1970 ORDINANCE NO. 1217, AN ORDINANCE relating to city employees; specifying vacations and holidays for firemen and Fire Department employees; and amending Subsection 2.22.030 A of the City of Yakima Municipal Code. Councilman Keith excused at 4:40 P.M. The City Treasurer submitted the following report for the month of March, 1970: March 31, 1970 . Mr. Craig McMicken City Manager Yakima, Washington Dear Sir: The following investments were purchased during the month of March, 1970: IRRIGATION U.S. TREASURY BONDS #165, #5, & #179/184 @ 10M DUE 2/15/72 - SKR #39974 $ 76,400.00 $ 76,400.00 WATER -SEWER U.S. TREASURY BONDS #8 @ 100M.- Due 2/15/72 - SKR #39973 95,500.00 95,500.00 WATER -SEWER REVENUE BOND 1964 RESERVE ACCOUNT U.S. TREASURY BONDS #161/4 @ 10M - DUE 2/15/72 SKR #39972 38,200.00 38,200.00 WATER -SEWER REVENUE BOND 1964 PRINCIPAL & INTEREST U.S. TREASURY DISCOUNT BILL #4041090 @ 10M - DUE 11/30/70 - SKR #39926 9,575.64 9,575.64.__ CUMULATIVE RESERVE FOR DOMESTIC WATER SUPPLY DEVELOPMENT U.S. TREASURY DISCOUNT BILLS #4041114/7 @ 10M & #526636 50M - SKR #39925 86;180.80 86,180.80 DOMESTIC WATER IMPROVEMENT - U.S. TREASURY DISCOUNT BILLS #1166948/50 @100M - DUE 9/10/70- SKR #39140 • 289,990.00 U.S. TREASURY DISCOUNT BILLS #1193247/8 C 100M - DUE . 6/25/70 SKR #39922 . 196,975.00 486,965.00 FIREMEN'S RELIEF ANDPENSION FEDERAL,, LAND BANK BONDS - DUE 1/1/75 51, 562.50 51, 562.50 Total investments purchased during the month of March, 1970 $844,383.94 The following investments were sold the month of March, 1970: IRRIGATION . U.S. TREASURY DISCOUNT BILLS #1907635/38 - SKR #6590 $38,075.00 U.S. TREASURY DISCOUNT BILLS #1903756/8 - SKR 46925 28,589.53 $ 66,664.53 WATER -SEWER ' U.S. TREASURY DISCOUNT BILL #628362 - SKR #6589 95,187.50 U.S. TREASURY DISCOUNT BILL #422028A -SKR #8159 48,232.36 143,419.86. WATER -SEWER REVENUE BOND 1964 RESERVE ACCOUNT U.S. TREASURY DISCOUNT BILLS #1899260A/61A & #900096A SKR #5282 23,423.40 'U.S. TREASURY DISCOUNT BILLS #1907604 & #905383 - SKR #5618 14,169.08 37,592.48 CUMULATIVE RESERVE FOR DOMESTIC WATER SUPPLY DEVELOPMENT U.S. TREASURY DISCOUNT BILLS #2818764/5 SKR #8092 19,375.49 U.S. TREASURY DISD UNT BILLS42818766A/69A - SKR #8546 39,007.07 58,382.56 DOMESTIC WATER IMPROVEMENT • U.S. TREASURY DISCOUNT BILLS #909149A/51A - SKR #9187 294,467.33 294,467.33 FIREMEN'S.RELIEF & PENSION U.S.-TREASURY DISCOUNT BILL #289395 - SKR #5270 • 46,841.74 L.I.D. #874 - BONDS #13/14 150.00 L.I.D.' #892 - INSTALLMENT LOAN NOTE 1,441.54 L.I.D. #909 - INSTALLMENT LOAN NOTE 5,249.40 53,682.68 1962 STREET IMPROVEMENT GENERAL OBLIGATION BOND .REDEMPTION U.S. TREASURY DISCOUNT BILL - SKR #7946 9,594.84 U.S. TREASURY DISCOUNT BILL - SKR' #8547 9,751,.77 19,346.61 CEMETERY TRUST L.I.D. #856 - BOND #25 500.00 L.I.D. #860 - BOND #14 100.0.0 - L.I.D. #888- BOND #12 400.00 L.I.D. #930 - INSTALLMENT LOAN NOTE 1,082.99 L.I.D. #893 - INSTALLMENT LOAN NOTE 566.44 2,649.43 L. I. GUARANTY L.I.D. #894 - INSTALLMENT LOAN NOTE 368.31 L.I.D. #895 - INSTALLMENT LOAN NOTE 4,179.43 L.I.D. #896 - INSTALLMENT LOAN NOTE 202.98 4,750.72 Total investments sold during the month of March, 1970 $ 680,956.20 Respectfully submitted, Doris A. Hufferd Deputy City Treasurer DAH -dh APPROVED: INVESTMENT COMMITTEE s /John M. Larson Mayor s/ Craig McMicken City Manager / Leonard Crose Director of Finance s /Walter Chappel City Treasurer �.\ 39 APRIL 6, 1970 It was MOVED by McNeice, seconded b Lambert that the report of the Cit Treasurer dated March 31, 1970, regarding the investments of the City of Yakima, be accepted and approved: carried, Brown, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith and Lust absent. City Manager McMicken referred to his Report #77, Need for Park•Improvements and the attached report by the Director of Parks and Recreation, stating that this is submitted for information and action and recommending that since the Parks and Recreation Commission has the chief responsibility for advising on policy, it is appropriate for this matter to be referred to them for review and report and if they agree with the Park Director's suggested procedures, the Commission might also recommend the size and make -up of the citizen's committee. After a brief review of the reports, it was MOVED by Robinson, secon- ded by Brown that this matter be referred to the Parks and Recreation Commission as recommended by the City. Manager: carried, Brown, Lambert, Larson, McNeice and Robinson voting aye by voice vote. .Keith and Lust absent. . City Manager McMicken explaining that the agreement with Air Pacific Airlines, Inc. needs to be revised it was MOVED by Brown, seconded by McNeice, that Resolution No..D -1470 authorizing the execution of said Airline Operators Agreement, be passed as, read: carried, Brown,- Lambert, Larson, McNeice and. Robinson voting aye by voice vote. Keith and Lust absent. RESOLUTION NO. D -1470, A RESOLUTION authorizing and directing the execution of an Airline Operators Agreement with Air Pacific Airlines,,Inc. . City Manager McMicken referred to the letter from Milliman & Robertson, Inc., Consulting Actuaries which explained that in the 1970 extraordinary session, legislation• was passed which increased the benefits for those presently retired persons whose benefits had not been subject to escalation. He reported that this change created additional liability for the City of Yakima in the amount of $11,465. i City Manager McMicken reported that theCity has received $24,854.20 from Air West, which is the full payment on regular charges as of March 3, 1970. City Manager McMicken explaining that the 'survey currently being performed by the Depart - ment of Planning and Community Development requires, aerial photography services which the State of Washington, Department of Highways has offered to perform and it is necessary to execute. an agreement with them, it was MOVED by Robinson, seconded by McNeice that Resolution No. D -1471 authorizing the execution of said agreement; be passed as read: carried, Brown, Lambert, Larson, McNeice and Robinson voting aye on roll call. Keith and Lust absent. RESOLUTION NO. D -1471, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement to engage the State of Washington, Department of Highways to perform aerial photography'services. City Manager McMicken requesting authorization for out -of -State travel for Bruce Belfield, Alarm Operator, Fire Department, and Richard Haubrich, Police Department, to attend a Dispatchers Training Seminar at Eugene, Oregon, May 18 - 21, 1970, -and for Al Burleson of the Street Department, to attend the Central,Northwest AWWA.Meeting at Moscow, Idaho, April 9 and 10; 1970, it was MOVED by Lambert, seconded by McNeice that said travel be allowed with expenses paid: carried, Brown, Lambert, Larson; McNeice and Robinson voting aye by voice vote. Keith and Lust absent. City Manager McMicken read a letter from the State.Department of regarding the disposal of garbage, and stated that the City will be working with the County cooperatively on this matter. City Manager McMicken reported that in accordance with action taken by the City .Council on March 2, 1970 regarding the matter of Shorty's Used Car Lot at 702 N. 1st Street, and the owner M Kinnard, having been given 30 days to correct the'violation of the City's zoning code, Mr. Kinnard has moved his business to 511 S. 1st Street and all of the cars have been moved from 702 N. 1st Street and the sign has been removed. • There being no further business to come before the Council, it was MOVED by McNeice, seconded by Robinson that we do now adjourn at the hour of 5:05 P.M.:carried, Brown, Lam bert, Larson, McNeice and Robins.n voting a e • voice vote. Keith and Lus abse t. / READ AND CERTIFIED ACCURATE BY �► / DATE Y ( / 70 COUWI L DATE , / / / //- >/ // / 7 6 1• COUNCILMAN • ATTEST: C I T Y 7 Y C L E R K • M A Y O R • • • i