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HomeMy WebLinkAbout04/05/1971 Business Meeting 18 0' • APRIL 5, 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 present on roll call. The Invocation was given by Councilman Keith. The minutes of the regular meeting of March 29, 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. In accordance with action taken by the Council on March 22, 1971 at the Hearing on the matter of the Appeal from the Planning Commission's decision, filed by George and Lucille Tucker, requesting rezone of property situated at 2002 W. Lincoln Avenue, and a Motion disapproving the action of the Planning Commission and referring the Rezone Application back to the. Planning Commission, having been prepared as ordered, it was MOVED by Brown, seconded by McNeice that said Motion be passed as read: carried, Brown, Keith, Lust and McNeice voting aye on roll call. Lambert, Larson and Robinson voting nay on roll call. MOTION, A MOTION requesting a rehearing by the Planning Commission of a rezone applica- tion filed by George and Lucille Tucker. This being the time fixed for the Hearing on Petition No. 678, filed by St. Elizabeth Hospital, requesting Vacation of a portion of S. 9th Avenue right of way between Walnut and Chestnut Streets, and City Manager McMicken explaining that the City Attorney is not ready to report on the required agreements that must be executed before this Vacation is allowed and asking that this matter be continued, it was MOVED by Brown, seconded by Mc- Neice that said matter be continued to June 7, 1971: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. This being the time fixed for the Hearing on the matter of vacating a portion of an alley through the Southeast Community Center site, in accordance with Resolution No. D -1615 commencing alley vacation proceedings and fixing the time for the Hearing, passed on March 15, 1971, and City Manager McMicken explaining that the vacation of said alley has been requested in connection with the Southeast Community Center project, it was MOVED by Robinson, seconded by Lambert that Ordinance No. 1293 providing for said Vacation, be passed as `read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 1293, AN ORDINANCE providing for the vacation of a portion of a public alley in the City of Yakima, Washington. This being the time fixed for the Hearing on the Appeal from the action of the Planning Commission in denying the rezone application, filed by United Builders of Washington, Inc. requesting rezone of property located at 1806 Greenway Avenue, Director of Planning and Community Development, Jay Otto, reviewed this matter and presented copies of the site plan for the proposed Planned Development project. He explained that the property is approximately 1/2 acre of land, is presently zoned R -2,. Single Family and Duplex develop- ment, and the proposal is for a Planned Development for an 11 -unit, one -story apartment complex. Mr. Otto referred to the Planning Department Staff Reports of January 29 and February 28, 1971, and the Planning Commission minutes of February 9 and March 2, 1971, reviewing these briefly. He stated that on February 9, 1971, the Planning Commiion con- sidered the preliminary plan and program for this proposed apartment development and granted tentative approval of the project subject to certain requirements listed in the January 29, 1971 staff report. On February 24, 1971, the Planning Staff reported that as a result of Planning Commission action, United Builders proceeded with the development of final plans,and program material and submitted a request for a rezone to Planned Develop- ment, that said final development plan submitted indicates provisions to satisfy the • requirements of the preliminary planning commission approval, and that the staff found that the proposed development is in substantial conformance with the General Plan for the City of Yakima as supplemented by the Land Use Plan for the Vicinity of YakimaValley College and will be in harmony with the existing and future use of adjacent areas, and therefore recommended approval of the planned development zone. The Planning Commission on March 2, 1971 reviewed the staff report and maps of the final programs and site plan of the proposed 11 -unit multi - family development, and after hearing from a number of people in this vicinity speaking against the proposed development and a petition of appro- ximately 43 neighbors against the project, being filed with them, discussed the matter at length and then unanimously denied the rezone request. Mr. Otto stated that within the alloted 14 days to appeal a decision of the Planning Commission, United Builders filed an Appeal with the City Council, which brought this matter to the City Council meeting on this date. Mr. Fred Hammerstad of United Builders spoke in favor of the application in- dicating his firm had complied with all requirements of the city codes and zoning ordi- nance. - Present and speaking against the proposed development mainly because of what they felt would be increased traffic hazards due to narrow streets and increased number of people and cars in an apartment complex, were Mr. Stanley Fox, 1213 S. 18th Avenue; Mr. Carl Webber, 1318 S. 18th Avenue' Mr. Schrader, 1802 Greenway; and Mr. Ted Boswell, 1301 S. 18th Avenue. The petition signed by 43 persons in this vicinity that had beenfiled with the Planning Commission, was presented to the Council for their information. Some of the people present speaking against this development stated that they feared the apart- ments would be rented to College students which they were also against because of noise and traffic hazards caused by them. Council members discussed this matter in detail. Councilman Lambert stated that it seems that the main objection is that these units might be rented to college students and questioned Mr. Hammerstad as to plans for rentals. Mr. Hammerstad stated that the units would rent from $125 to $140, that it was planned to rent to retired people if possible and that there would be a full -time Manager and gardener for the development. Public Works Director John Mayo reported on the traffic situation 'in this area and indicated that the traffic volume in this area if doubled by such a devel- opment, would still be less than where there are other apartment developments. After due discussion, it was MOVED by McNeice, that the Motion referring the matter back to the Planning Commission for a rehearing, be read. The motion lost°fo- r`want: of a second. It was then MOVED by Keith, seconded by Lust that the Resolution affirming the action of the Planning Commission in denying said rezone application, be read: carried, Brown, Keith, Lambert, Larson and Lust voting aye by voice vote. McNeice voting nay by voice vote. Robinson not voting because of a conflict of interest. It was then MOVED by Keith, se- conded by Lust that Resolution No. D -1623 affirming the action of the Planning Commiss -ion in denying said rezone application, be passed as read: carried, Brown, Keith, Lambert and Lust voting aye on roll call.' Larson and McNeice voting nay on roll call. •Robinson not APRIL '5, ,1971 voting. Councilman Keith indicated that he believes that the'planned development zone is a good use of the property but the propertyowners in the area are objecting and he feels that their wishes must prevail. Councilman McNeice stated-that he feels that the planned • development zone gives good control over the property; that inmost cases,the property owners are far better off with a planned development'. than with.R- 2 and voted no on the Motion because it is a good planned development. Councilman.Robinson indicated that although he is not voting on this matter, he feels that it ,i a good..planned development and that denying the rezone is unfortunate. Mayor.:Larson referred to.the fact that the rezone application had been by the Planning Staff and that the Planning Commi- ssion had first recommended the approval of the preliminary planned development and then when the property owners objected, denied the application,. that he feels 'that it is a good development for that area'and voted against denying the rezone. RESOLUTION NO. D -1623, A RESOLUTION affirming the action of the Planning-Commission in ' denying the application-of United Builders of Washington, Inc., for the rezone of property situated at 1806 Greenway in.-the City of Yakima,.Washington, from R -2 ;..Two Family Zone, to. Planned Development Zone. An Ordinance appropriating and transferring monies in various funds to pay liability insur ance premiums, having been read:in its entirety at the previous meeting of March 29, 1971, and being read by Title only:at this meeting, it was~MOVED by Brown, .seconded by Robinson that Ordinance No. 1294 providing for said appropriation and transfer, be passed as read: carried,' Brown, Lambert,- Larson, -Lust, McNeice and Robinson voting aye on,roll call. Keith not voting because he was not present at the previous meeting when this matter was ex -' plained., .. • ORDINANCE NO. 1294, AN ORDINANCE appropriating money:within 605 - Contingency Fund for trans fer to 000 - General Fund and authorizing such transfer; and appropriating money within various funds to appropriate accounts within those funds to pay liability insurance pre- miums. An Ordinance appropriating and transferring monies in Park and Recreation Fund for Capital Improvement purposes, having been•read in entirety at the previous meeting of March 29, 1971, and being read by Title only at this meeting, it was MOVED. by ,Robinson, seconded by'McNeice that Ordinance No. 1295.providing for said appropriation and transfer,,.be passed as read: carried, Brown,- Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. City Manager McMicken explained that the transfer and „appropriation of said monies is necessary to pay for capital improvements consisting of architectural studies for various park projects and to pay the balance of a loan which was assumed as an obligation of the City of Yakima at the time'of the dissolution of the'Metropolitan•Park District. ORDINANCE NO.•1295, AN ORDINANCE appropriating money within 382 - Cumulative, Reserve Fund . for Capital Improvements, for transfer to 131 -Parks and Recreation Fund and authorizing such transfer; and appropriating money to various classifications and.accounts within the 1971 appropriation for 131 - Parks and Recreation Fund: AN Ordinance appropriating money to Police Department to pay for professional consultant services for Joint Occupancy Study of City Hall.by and Police Department, having been read in its entirety at this meeting, was laid on the table 'for one week or until: April 12, 1971. City Manager McMicken explained that this'appropriation in the ; amount of $8,500 is necessary in order to pay for professionalconsultant services related to consolidation of law enforcement functbns'and = facilities. . An Ordinance amending'plans and specs for Lincoln..and. "B ".-Street Overpasses'and amending the Ordinance authorizing condemnation procedures therefore, having.been and City Attorney Andrews explaining that there..still.needs.to be.some•work done on this Ordinance and asking that action on the matter be :continued,. it was by Robinson, seconded by Lust that action on said Ordinance be...continued.for one week or until April 12, 1971: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. . Mr. Lee Campbell,- President, Glascam Builders, Inc.,-being present'in regard to an item • not on the Agenda, that of Petition No. 688', Notice of Intention to Commence Annexation Proceedings, which was filed with the City Clerk on this,date, to replace., Petition No. 688 previously filed on March'-29, 1971, requesting annexation-of property situated at 58th and -- Chestnut Avenues, it was MOVED by Robinson, seconded by - -Lust that this date be set as the time for a meeting with the initiating party who signed the .Notice of Intention to Com- mence Annexation Proceedings dated April 5, 1971, said initiating party being Mr. Campbell. carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by :voice vote. Mr. Campbell indicating that he is willing to assume the City-'s existing indebted- ness, it was duly moved, seconded and passed that the. annexation proposed by petition no. 688, (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 Lust and carred, Brawn, . Keith, Lambert, Larson, Lust, McNeice and Rob,inson.voting aye by voice vote. . .The City Treasurer submitted the following report for the month of March, 1971: . . March 31, 1971 • . . • Mr. Craig McMicken . City Manager ' Yakima, Washington ' Dear Sir: . .. .. . - • . The following invesments were purchased during the month of March, 1971. . . TREASURER'S SURPLUS CASH ' . U :S. TREASURYNOTE #188 @ 100M - SKR #61287 - DUE . 2/15/78 (Purchased from : GENERAL Fund) . - . 100,406.25 U.S. TREASURY DISCOUNT BILL #282732 @ 50M - SKR . . #55283 DUE 4/29/71 ( Purrchased from GENERAL fund) 48,490.92 • U.S. TREASURY'NOTES #695/9 © 10M - SKR #61597 - DUE 2/15/78 (Purch'd..' from ST.IMP.G.O. BOND. RED. )- . :: - 5.0.,203.13. - . YAKIMA L.I.D. #922— INSTALLMENT LOAN NOTE 8,022.76 YAKIMA L.I.D. #924 = INSTALLMENT LOAN.NOTE 5,365.97 . YAK-IMA L.I.D. #925 - INSTALLMENTLOAN.NOTE, : ..6,323:40 . YAKIMA L.I.D. #929 - INSTALLMENT.LOAN,_NOTE: _ _ 8,068.81 .. • YAKIMA.L.I.D. NO.933'- INSTALLMENT -LOAN NOTE' 6,889.24 YAKIMA L.I.D. #959 - INSTALLMENT LOAN-NOTE •5,189.99 YAKIMA L.I.D.. #950 —BONDS #19/20 & #25/45 - 11,500.00 , (Purchased from F.R. &P.) $250,460.47 r 182 APRIL 5, 1971 IRRIGATION. • . YAKIMA L..I :D.. #900 - INSTALLMENT' LOAN NOTE 7,022.71 YAKIMA L.I.D. #909 - INSTALLMENT LOAN NOTE 17,133.07 YAKIMA L..I.D.. #913 - INSTALLMENT LOAN NOTE . 11,140.90 YAKIMA L.I.D.'#916 - INSTALLMENT'LOAN NOTE 9,463.23 (Purchased from F.R.• &P.) 44,759.91 'FIREMEN'S RELIEF AND PENSION CORPORATE BOND -25M PHILLIPS PETROL CO. @ 75/8% DUE 3/15/2001 24,880.30 . 24,880.30 CEMETERY TRUST. . YAKIMA L._I.-D #980 - WARRANT #2•@ 61/2% 9,511.22 . YAKIMA L.-I. -D.- #981 - WARRANT #3 @ 61/4% 3,239.78 YAKIMA L.I.D. #981 — WARRANT #4 @ 6% 359.97 13,110.97 Total investments purchased during the month of March, :1971 $ 333,211.65 The following investments were sold dying the month of March, 1971. GENERAL U.S. TREASURY NOTE #188 @ 100M - SKR #61287 - DUE . 2/15/78 (Sold to TREASURER'S SURPLUS CASH) $100;406.25 U.S. TREASURY DISCOUNT BILL #282732 @ 50M - SKR • #55283 - DUE 4/29/71 (Soldto TREAS. SURPLUS CASH) 48,490.92 148,897.17 '62 STREET IMPROVEMENT G.O.BOND. REDEMPTION • U.S. TREASURY NOTES #695/9 @ 10M - SKR #61597 DUE 2/15/78 (Sold'to TREASURER'S.SUR +PLUS'CASH) 50;203.13. U.S. TREASURY DISCOUNT BILLS #4040965/6 @ 10M ' SKR #51849 19,366.50 U.S. TREASURY DISCOUNT BILLS #4040915 & #4040951 @ 10M- SKR #42362 . . ,18,839.22 • U.S. TREASURY DISCOUNT BILLS #4b40802/3 &•#4040963/64 @1OM - SKR #45720 : 37,800.00. U.S. TREASURY DISCOUNT BILLS #5474850/3 @ 10M SK1 #57202 • 39,385.80 165,594.65 • TREASURER'S SURPLUS CASH TIME CERTIFICATE OF DEPOSIT #`1739 - N.B.C." 100,000.00 "100,000:00. SEWER CONSTRUCTION . • • U.S. TREASURY DISCOUNT BILLS #5474452/3 @ 10M SKR #53348 19,430.56 19,430.56 DOMESTIC. WATER IMPROVEMENT U.S. TREASURY DISCOUNT.BILL #282492 @ 50M - SKR #56787. 49,232.25 ` U.S. TREASURY DISCOUNT BILLS #282533@ 50M & #5672286/90 @ 10M - SKR #53345 - 96,885.00 146,117.25 WATER -SEWER 1968 REVENUE BOND REDEMPTION ' U.S. TREASURY DISCOUNT BILL. #35090 @15M•- SKR. #53346 14;572.92 ' 14,572.92.. FIREMEN'S RELIEF AND PENSION ' YAKIMA L.I.D. #886 - BOND #23 .. • , :500.00 • YAKIMA L.I.D. #892 - INSTALLMECV.'I' . LOAN NOTE ' 1,:718.39 YAKIMA L.I.D. #909 - INSTALLMENT LOAN NOTE 6,981.72 (The following were sold to Irrigation) . YAKIMA L.I.D. #900 - INSTALLMENT'LOAN.NOTE 0 . •7,022.71" ' • ' YAKIMA L.I.D.. #909 - INSTALLMENT LOAN NOTE 17;133.07 . "" YAKIMA L.I.D. #913 - INSTALLMENT - LOAN NOTE . '11,140.90' YAKIMA L.I.D.. #916 - INSTALLMENT NOTE . (The following were sold to Treasurer's Surplus Cash) ' YAKIMA L.I.D. #922 - INSTALLMENT LOAN NOTE 8,022.76 " YAKIMA L.I.D. #924 - INSTALLMENT.LOAN NOTE 5,365.97 • .• YAKIMA L.I.D. #925 - INSTALLMENT LOAN NOTE 6;323.40 YAKIMA L.I.D. #929 — INSTALLMENT LOAN NOTE 8;068.81 YAKIMA L.I.D. #933 - INSTALLMENTHLOAN NOTE . . 6',889.24 YAKIMA L.I•.D. #950 - BONDS #19/20.& #25/45 ,- ..11,500.00 . YAKIMA•L.I.D #959 - INSTALLMENT-LOAN NOTE 5,189.99 105,320.19 • CEMETERY TRUST • . •. • YAKIMA L.I.D. #893.- INSTALLMENT 'LOAN NOTE • .'758 :75 YAKIMA L.I.D. #930 - INSTALLMENT LOAN NOTE . 679.80 • YAKIMA L.I.D. #979 - WARRANTS #3/4 .. 8,247':76. ' 9,686.31' L.I. GUARANTY YAKIMA L.I.D. #894 - INSTALLMENT. LOAN NOTE 388.64 • YAKIMA L.I.D. #895 - INSTALLMENT .LOAN NOTE " .. :. • 4,,,179.,72. „ . . YAKIMA L.I.D. #896 - INSTALLMENT LOAN NOTE 380.06 YAKIMA-L.I.D. #979 - WARRANT . #1 44.10- 4,992.52 • Total investments sold during the month of March, 1971 $ 714,611.57 APPROVED: INVESTMENT COMMITTEE Respectfully submitted, - s/ JOHN M. CARSON MAYOR Doris A. Hufferd s/ CRAIG"MCMICKEN CITY MANAGER Deputy City Treasurer s/ W.LEONARD CROSE DIRECTOR OF.FINANCE . s/ WALTER CHAPPEL CITY TREASURER DAH:dh .. It was MOVED by Keith, seconded by McNeice that the_report of the City Treasurer dated March 31, 1971, regarding the investments of the City of Yakima, be accepted and approved: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting'aye byvoice vote. A request by Coaxial Communication, Inc:, for non - exclusive franchise to operate community antenna television (CATV) system, having been received, with an attached copy of'a model franchise ordinance governing the construction, and Maintenance of aCATV system in Yakima and containing specific provisions relating to* rate's to be charged customers, payments to be made to the City bond and insurance requirements, service standards com- pletion dates and other•matters and Council members indicating that they would like to study this matter further,.it was MOVED by Robinsoneconde"d that this matter be referred to the City Manager and Staff for study and'recommend'ation: carried; keith 183 APRIL 5. 1971 Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Discussion by Council members, City Manager McMicken and City Attorney Fred Andrews, indicated. that FCC regulations regarding franchise fees, and other aspects of CATV, will be reviewed and studied and a report will be made regarding this matter at a later date. City Manager McMicken referring to the Plat of Rehfield Addition and requesting that authorization be given for the Mayor to sign approval of said Plat, it was MOVED by Robin- son, seconded by McNeice that the Mayor be authorized to sign approval of said Plat: • carried, Brown; Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. f. City Manager McMicken explaining that in connection with the widening and improving por- tions of Lincoln Avenue and North 16th Avenue, in accordance with L.I.D. No. 982, it is necessary for the City to acquire additional street right of way and the performance of other work ancillary to the project and an agreement with Eustace L. Clark and Alice V. Clark, and American Oil Company, having been prepared to facilitate said acquisition, it was MOVED by McNeice, seconded by Keith that Resolution No. D -1624 authorizing the execu- • tion of said agreement, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1624, A RESOLUTION authorizing and directing the. City Manager and City Clerk to execute an agreement with Eustace L. Clark and Alice V. Clark, husband and wife, and American Oil Company to facilitate the widening and improving of portions of Lincoln Avenue and North 16th Avenue pursuant to Local Improvement District No 982. City Manager McMicken explaining that in connection with contemplated improvements to Mead Avenue, it is necessary that the City acquire right of way property in accordance with Offers to Sell from Grace W. Wegener, Alida M. Brown, Joseph and Freda Roth and R.H. and Violet Bayly, and recommending that authorization be given to purchase said right of way property, it was MOVED by Brown, seconded by McNeice that ResolutionsNo. D -1625, D -1626, D -1627, and D -1628 authorizing the purchase of said property, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1625, A RESOLUTION authorizing the purchase of right of way property for Mead. Avenue improvements.(Wegener) RESOLUTION NO. D -1626, A RESOLUTION authorizing the purchase of right of way property for Mead Avenue improvements.(Brown) RESOLUTION NO. D -1627, A RESOLUTION authorizing the purchase of right of way property for Mead Avenue improvements. (Roth) RESOLUTION:NO. D -1628, A RESOLUTION authorizing the purchase of right of way property for Mead Avenue improvements. (Bayly) City Manager McMicken explaining that the City contemplates a public improvement project t. consist of the widening and improving of portions of South 3rd Avenue and Washington Avenu= and in conjunction must hire professional appraisal and negotiating services for the ac- quisition of additional street right of way for said project, that George M. Lemon has offered to perform such professional services in accordance with the proposal of a letter, and recommending that authorization be given to hire said services, it was MOVED by.Robin- son, seconded by Keith that Resolution No. D -1629 authorizing the hiring of George M. Lemon for said professional services, be passed as read: carried,Brown,.Keith, Lambert, Larson, -Lust, McNeice and Robinson voting aye on roll call. . RESOLUTION NO. 1629', A RESOLUTION authorizing the City Manager to.hir.e"George M. Lemon for professional appraisal and'- negotiating services for the widening and improving of por- tions of South 3rd Avenue and Washington Avenue. . City Manager McMicken reported on proposed State and Federal legislation . to accelerate pub lic works projects and create jobs, for the information of the City Council and no action was taken or is necessary on this matter. City Manager McMicken requesting authorization for Matt Young of the Fire Department to attend the Annual Northwest Fire and Arson Investigation Seminar in Portland, Oregon, from April 25 to 30, 1971: it was MOVED by Lambert, seconded by Robinson that said travel be allowed with expenses paid: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote There being no further business to come before.. the Council, it was MOVED by Lust, seconded by Keith that we do now adjourn at the hour of 5:25 P.M.: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robin .4 voting aye by voice vote. READ AND CERTIFIED ACCURATE BY r ' J' 1 DATE 4 -vt - 1 OUNCILMAN • C DATE / COUNCILMAN ATTEST: / C I T Y • C L E R K M A Y O R Or • • • • • •