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HomeMy WebLinkAbout03/22/1971 Business Meeting • MARCH 22,'1971 The City Council met in regular session, Mayor Larson'presiding, Councilmen Brown, Keith, Lambert; Lust, McNeice and Robinson, City Manager McMicken and City Attorney Andrews pre- sent on roll call. • The Invocation was given by Councilman Lust. • The minutes of the:regular meeting of March 15, 1971, 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. This being the time fixed for the Hearing on the .Appeal from the Planning Commission's decision, having been filed with the City Clerk on March 5, 1971, requesting rezone of property located at 2002 W. Lincoln Avenue, Jay Otto, Director of Planning and Community Development, reviewed the Planning Department. Staff. Report of February 24, 1971, and the Minutes of the Planning Commission Meeting of March.2, 1971. He summarized •the history of the past rezone applications of this area,' and stated that 'this current application for a planned commercial development is still in conflict with the General. Plan, would establish a precedent for strip commercial zoning and generate conflicts'in traffic movement, that the Planning Staff recommended that the request be denied and the Planning Commission denied said rezone request for the same reasons. . Mr. Otto stated that the Planning Commi- ssion indicated that a planned development for - the entire area from the Buttrey -Osco devel- opment to 24th Avenue would be considered by them. He referred to the traffic report that was given to the Council at the previous Hearing and stated that nothing has changed regarding the traffic situation since that time in October. Mr. Howard Hettinger, Attor- ney, representing the Tuckers, spoke in favor of the proposed planned commercial develop- ment zone request and referred to the project program and site plan. He stated that all the Tuckers want to do is to move their business,•Arrow Rents, from across the street to the proposed location which they also own. He further stated that an effort had been made to put the,entire suggested area into one planned unit development, but some of the pro- perty owners do not know at the present time what type of .business might be put on their property. .Mr. Hettinger discussed in detail the Tucker's planned unit development plan and the reasons he feels this should be• granted and asked that the City Council refer the matter back to the Planning Commission for further study. Dr. Ballew, one of the property owners in this area, explained that he did not know what might be put on his property so he could not have a planned development plan prepared, but had been in favor of the B -2 request. Councilman Brown referred to the fact that the Council•had•previously indicated that they would would be interested in looking at a Planned Development design and stated • that he is in favor of the proposed plan. .He further stated that the plan shows no reader board and very little commercialization and that it is the, kind of development which the ' • Council can control what is wanted in the way of conditions of display area in front, entrance, - etc.. He referred to the fact 'that `previously the Council had heard three real estate persons who said it was riot the proper..area . for apartment houses, - and indicated that he does not believe there will be any More traffic.. Mr. Brown stated that he would like to send this back to the Planning Commission to have them work with .the. Tuckers and come. up with a proper operation for storage and display. .Councilman Lambert indicating that she had previosuly'felt that'a•Planned Development Plan of this area. might be. the answer because the geography was special and it had been indicated that there would -be pro vision for the entrance to be on 20th, stated that she cannot support this plan with a single entrance on Lincoln. She also indicated that she'does: not like the idea of the . equipment being displayed in front of the building. Councilman McNeice indicating that he is in favor of sending the matter back to the Planning Commission, stated that he hopes there will be consideration of some type of provision made that whenever 20th Avenue can be used as a joint access point, that the access point on. Lincoln can. be moved. Council- man Keith stated that he does not share the concern of. others of treating this property individually, or that for us to proceed tirith this planned development would necessarily restrict us a great deal as we..could still limit the access points,' and that he does. not feel that we would start a precedent for-others. ,He,further stated that this_.is•a unique parcel of land and is in favor of returning the matter to the Planning Commission for further consideration. Councilman Robinson.indicating that:he agrees with 'thetmajority,of the Planning Commission and is against' the proposed rezone, asked about service and stor- . age area in back of the building and stated that he feels that when a planned development plan comes to the Council.to'be considered, it should•be complete: Mayor Larson stated that he.is against the proposed rezone.. After due discussion, was MOVED by Keith, seconded by-Brown that legislation be prepared, disapproving the recommendation - of• the • • • Planning.Commi.ssion and return.the:matter to-them. for further study and recommendation: • • carried, . Brown, . Kei-th, Lust and. McNeice. voting aye by voice • vote.• Lambert, , Larson •and. Robinson • vo.ting , nay by voice-vote; - • . Damage Claims having been-: filed with , the City: Clerk :onfMarch. 17, .:1971,=•.by Wayne E. Harmon, Spokane, Washington, for damages in the amount of $26,000 for personal injuries which occurred at South 24th. Avenue at the site of the bridge construction on said street appro- ximately three blocks north of the airport, and on March 18,.1971 by Eusebio Sanchez, 808B Central Avenue, for damages in -the amount of $50,000•pain & suffering, plus 512.85 for Doctor and Hospital bills, for injuries caused during a police investigation, it'was MOVED by McNeice, seconded by Luust that said Damage Claims be.referred to the .City. Manager .and Staff for study and recommendation: carried, Brown, Keith, Lambert,'Larson,•Lust, McNeice. and Robinson_voting aye by voice vote. An Ordinance relating to guest register requirements for hotels and rooming houses,_having • been•prepared'in accordance with_a request from the Police and having been con tinued from the previous meeting of - March 15, 1971,.in order to,make some suggested. . • changes in wording,.having been prepared, it was MOV by.Brown, seconded.by•Robinson,..that Ordinance No.'1289.relating to said guest,register requirements for,hotels.and rooming houses,• and amending the Yakima Municipal Code, be passed as read: carried, Brown, Keith, .Lambert, Larson, Lust, McNeice and Robinson voting aye on roll, call. ORDINANCE NO. 1289, AN ORDINANCE relating -to :licenses- and regulations; requiting holders of hotel, rooming house and lodging house licenses to maintain a guest register .a prescribing regulations applicable thereto; and amending Section 5.38.060'of the City of Yakima Municipal Code. An Ordinance transferring. and :appropriating money in the Airport Fund to the.Transit Fund, having been .read in..i entirety -at the previous meeting.of March 15, 1971, and being read by Title.only at this meeting; it was MOVED by Keith,seconded by McNeice that•Ordi- nance•No. 1290 providing for transfer and appropriation,-be passed 'as read: carried; Brown, Keith, Lambert,•:Larson, Lust, , McNeice .and aye call. City Manager McMicken,explained-.that.this,is the first cash of the sales.tax revenue. to be • spent, that has been put in the Cumulative Reserve Fund for Capital Improvements, and this . • MARCH 22, 19 Ordinance provides for appropriation within that fund and for transfer to the Airport Fund for appropriation therein to repay loans to that fund fr an the Transit Fund, originally authorized by Ordinance No. 1157, passed August 25, 1970, and Ordinance No. 1233, passed July 27, 1970. ORDINANCE NO. 1290, AN ORDINANCE appropriating. the amount of $19,722 within 382- Cumulative Reserve Fund for Capital Improvements, and 'transferring that amount from that fund to 171 - Airport Fund'; appropriating $19,722 to appropriate accounts within 171- Airport Fund to repay a loan that fund from 172 - Transit Fund. An Ordinance transferring and. appropriating money in the Airport _Improvement,Fund to the Water -Sewer Fund, having been read,in its entirety at the previous meeting of March 15, 1971, and being read by Title only at this meeting,, it was MOVED by. Brown, seconded by Robinson that Ordinance No. 1291 providing for said transfer and appropriation, be passed as read: carried, Brown, Keith,.Lambert, Larson, -Lust, McNeice .and Robinson voting aye on roll call.:,. City Manager McMicken explained that this is the same type of Ordinance as the previous one and provides for appropriation within the Cumulative Reserve Fund for Capital Improvements for transfer to the Airport .Improvement Fund for appropriation therein to repay a loan to that fund from the Water -Sewer Fund, which loan was orginally. authorized by Resolution' No. D -1335, adopted April 14, 1969, for the purchase of property for expan- sion of the Yakima Municipal Airport. ORDINANCE NO. 1291, AN ORDINANCE appropriating the amount of $28,024.03 within 382- Cumula- tive Reserve Fund for Capital Improvements and transferring that amount from that fund to 371 - Airport Improvement Fund; appropriating the amount of $28,024.03 to appropriate acc- ounts within 371 - Airport Improvement Fund to repay a loan to that fund from 463- Water- Sewer Fund. . An Ordinance. appropriating money within the Domestic Water Improvement Fund, having been read in its entirety at this meeting, was laid on the table for one week or until March 29, .1971.. Director of Finance Leonard- Crose explained .that a Federal Grant of $750,000 on the Water Treatment, Plant is anticipated, but has not yet been received, as the application has "to - be resubmitted,:-and in the, meantime the appropriated funds of.the Domestic Water Improvement Fund are depleted due to the issuing and encumbering of contracts in excess of the amount originally appropriated. , He further explained that this proposed Ordinance pro- vides for appropriating money from unappropriated money within the Domestic Water Improve- ment Fund to pay for additional capital improvements.' Petition. No. 686, Notice of Intention. to• Commence Annexation Proceedings, having been filed with the City Clerk. on March 22, 1971, by N.A. and Medley, . requesting anne- xation of property situated on Nob Hill Boulevard, between N. 44th and.48th Avenues, it was MOVED by Robinson, seconded by McNeice 'that this date be set as the time for a meeting with the initiating parties who signed the Notice ofrIntention.to Commence Annexation Proceed- ings dated March 22,. 1971, those initiating. parties being N.A. and Elizabeth Medley: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting. aye by voice vote. Mr. Medley being present -and indicating that they.are.willing to assume their,share of the City's existing indebtedness,. it. was duly moved, seconded and passed that.the annexation proposed by petition no. 686, (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness. The above MOTION was made by Robinson, seconded by Brown and carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson-voting aye by voice vote. A Notice of Appeal from the decision of the Planning Commission, having been filed with the City Clerk on March 16, 1971, by United'Builders of Washington, Inc., requesting - rezone of property situated at 1806 Greenway Avenue, it, was MOVED by Robinson, seconded by McNeice that April 5, 1971 be set as the time for a Hearing on said rezone application: carried, Brown, Keith,.Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. City Manager McMicken referring to the matter of purchasing pigeon control supplies, re- viewed the city's pigeon control program. He explained that four years'ago a program: and funds had been authorized for a repellant which was used for that one year. He further ex- plained that the pigeon population has built up again and various methods of pigeon control have been explored. He stated that inquiry by Jim Williams, Administrative Assistant, has brought about the proposed program of pigeon birth control by using Ornitrol treated corn and that the Yakima Pigeon Club has volunteered to administer" the program and recommended that the City authorize the purchase of said supplies. After due discussion, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1616 authorizing the purchase of said pigeon control supplies without calling for bids, be passed as read: carried, Brown, Keith, Lambert, Larson,:Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1616, A RESOLUTION, authorizing the purchase of supplies without calling for bids. City Manager McMicken referring to the matter of authorization to obtain General Liability I for the City, explained that Colvin, Van Amburg & Emerick Insurance, Inc., the designated insurance broker for the City, had called for proposals from liability insurance companies for insurance coverage•to augment the City's existing liability protection and had received and reviewed these proposals and recommended to the City that such additional insurance be acquired from the companies and_in the.amounts indicated in letters from these companies. Director of Finance,. Leonard Crose, reviewed the various liability insurances and explained that the 1971 Budget in some cases is sufficient, but. that some of the in- surances will require a supplemental appropriation for additional costs and that the pass- age of the proposed Resolution will cover this situation. After due discussion, it was MOVED by Lambert, seconded by Brown that Resolution No. D -1617 authorizing the acquiring of liability insurance coverage without calling for further bids, be passed as read: carried, Brown,.Lambert, Larson, Lust,and McNeice voting aye on roll call. Keith and Robinson not voting because they were not present when tle Insurance program was previously discussed. RESOLUTION NO. D -1617, A RESOLUTION authorizing the City Manager to acquire liability in- surance coverage for the City without calling for further bids. City Manager McMicken explained'that in connection with an exchange of property between the . City and Freeway Properties, and an Agreement for Exchange of Property, dated January 12, - 1968, said exchange of property was to be accomplished no later than December 31,,1970, which date was extended to March 31; 1971, by an agreement authorized by Resolution No. D -1570 adopted December 21, 1970, and it is now desired that the date for accomplishing this exchange of property be extended to June 30, 1971. After due discussion, it was 177 MARCH 22, 1971 MOVED by Robinson, seconded by Brown that Resolution No. D -1618 amending an agreement with Freeway Properties for exchanging said property, be passed as read: carried, Brown, Keith, Lambert,. Larson, Lust, McNeice and Robinson voting - aye on roll call. RESOLUTION NO. D -1618, A RESOLUTION amending an agreement with Freeway Properties, a joint venture, for exchanging real property between Freeway Properties and the City. City' Manager McMicken referred to the Bid Tabulation on Traffic Signal Poles as received, reviewed and awarded. He reviewed bid award procedures, stating that if two low bids are the same, the local contractor is given preference, but if all items are the-same and a bid of an outside contractor is the lowest, then that contractor is awarded the bid, as was the case on the Traffic Signal Poles, even though the local bidder was only a few dollars higher. He stated that the bid board does award bids to the lowest and best bid, however, and there have been cases where the lowest bidder has not been awarded the con- tract because he did not meet all requirements otherwise. There was further discussion regarding the calling for and awarding of bids, for information only, and no actionis necessary on this matter. . City Manager McMicken requesting, authorization for out -of -State travel for Richard Clark to attend the Northwest Check Investigator's Seminar in Salem, Oregon, on February 26 and 27, 1971, in place of William Thomas, who was previously authorized to go, but became ill, and for Peggy Rabung,•Engineer, and Frank Stein, Public Utilities Director, to travel to Portland, Oregon, -:for two different projects, it was MOVED by Lambert, seconded by Lust that said travel be authorized with expenses paid: carried, Brown, Keith, Lambert, Larson, .Lust, McNeice and. Robinson voting aye by voice vote. Councilman Lust excused at 5:05 P.M. City Manager McMicken referred an off-the-Agenda item, that of the report from the State Auditor -on the last audit of the City of Yakima for 1969, to Director of Finance, Leonard Crose, who reviewed the basic points of this Audit. City Manager McMicken referred another off - the - Agenda item, that of a "Bagging. your Trash" project, to John Mayo, Public Works Director, who explained that he had been in California to a meeting and while there observed one -man packer trucks and also the use of plastic bags in refuse collection. He stated that one plastic bag manufacturer is promoting a "bag your trash" program, without advertising his product, and furnishes decals, spot ads and newspaper items, and involves a program for setting .up a "bag your trash" month. Mr. Mayo explained that if we are interested, we do have to write a letter committing ouselves to proclaiming a "Bag Your Trash" month and must let the manufacturer know a month ahead of the time we wish to do this. He further explained that there is probably a limited amount of these programs available and the first Cities to request it will probably get it, and if the City of Yakima is interested, we should contact the, manufacturer immediately and will probably be able to have the month of. May as "Bag Your Trash" month. Council members indicating their interest in such a program and the use of plastic bags for refuse collection, it was MOVED by Robinson, seconded by McNeice that a letter be written indica- ting our interest in promoting and committing ourselves to this program: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lust absent. Councilman Keith asking to be excused from the next meeting of March 29, 1971., and Mayor Larson, also asking to be excused from that meeting, if he should not get back from . another meeting, it was MOVED by Lambert, seconded by Keith that they - be excused as re- quested: carried, Brown, Lambert, McNeice and Robinson voting aye by voice vote. Lust absent. There being no further business to come before the Council, it was MOVED by McNeice, se- conded by Keith that we do now adjourn at the hour of - 5:25 P.M.: carried, , Brown, Keith, Lambert,: Larson, McNeice and Rob's voting aye by voice vote.. .Lust absent. l READ AND CERTIFIED ACCURATE BY i Lff DATE /' "/ - -- / COUNCILMAN DATE 3 6 / / COUNCILMAN ATTE T• / 7 i / C I T Y C L E R K M A Y O R • •