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Home My WebLink About05/17/1971 Business Meeting r 198 MAY 17, 1971 The City .Council met-in regular .session.,.' Mayor Larson, presiding,_.. Councilmen.. Brown,.. -Keith, : . Lambert, . Lustt, .McNeice .and..- Robinson.,._,.City Manager •McMicken . and .City..Attorne.y....present on roll call. . The Invocation .was.gi.ven.b.y.Councilman... Lambert. The minutes of .theregular meeting of .May 10.,. 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. • . • Petition No...697 Notice..of..Intention to Commence. Annexation. Proceedings,. having..been filed with the .City _.Clerk on .May ,11, .19.7.1, ., by :Mr.. and .Mrs .. Elegy . Johnson ..and .Others , requesting annexation of..pro.perty.:si.tuated_s.outh .of .Washington Avenue, between 10th:and Cornell. Ave- nues, it was - .MOVED by`.Robinson,__secondedby McNeice that ..this .date be set as the time for a meeting with .the.,initiating ..parties .who signed -the . Notice .of .Intention -to , Commence Annexa -. tion Proceedings.. dated Apri.L_19,,..1971,.'.those ° initiating.parties being. Edward_ L. Kerl, Elery F. Johnson, Edwin. Piekkola'and.Arnold J. Larson: :.carried., Brown.,...Keith, Lambert, Larson, Lust,.,McNeice and Robinson ,voting..aye.by.voice...vote. Messrs...Kerl, Johnson., Peikkola and. Larson, being.present and indicating that'. willing to_assume the - City's existing . indebtedness,,it.was duly moved, seconded and passed that theannexation.proposed by peti- tion no. 697,._(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, and that..a Notice.of Intnetion.to..Annex be filed with the Yakima. County Boundary.Review Board.. The above was made. by :Robinson, - seconded by McNeice and_.carried., Brown.,. Keith,. Lambert,. Larson,Lust,.McNeice and Robinson . voting aye by voice vote. Petition No. 699, Notice of Intention to Commence.Annexation Proceedings, having been filed with the.City Clerk on May 15,.1971,.by Mr. .and Mrs. Horace Powell, requesting annexation of property situated at 4310.Nob.Hill:Boulevard,.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 of Intention.to Commence'Annexation dated April 23, 1971, those initiating parties being Ione.R. and Horace Powell: carried,. Brown, Keith, Lambert, Larson, Lust,' McNeice and_ aye by voice vote. Mr. Poweil...being.present and . indicating that they.are.willing to.assume - the City indebtedness, it was duly MOVED, seconded. and passed that annexation pros .. ed by petition no. 699, (Notice of Intention..to Commence Annexation..Proceeding be accepted by the City of Yakima and that the area sought to be.annexed be. requiredto assume the. City's existing indebtedness, and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above. MOTION.was made•by Robinson, seconded by Lambert and carried, Brown, Keith,_Lam- bert, Larson, Lust, McNeice and .Robinson voting aye.by voice vote. Petition No ...698 , ...having .been__ filedi .with the City Clerk : on,. May 12 , 1971., by Mrs —Pat ..Pat . Jardin and Others, requestirig of City bus service to.Fruitvale Boulevard and 34th Avenue, City Manager McMicken stated that the usual procedure is to refer petitions to the .Staff for study and consideration, but.in this matter would like to discuss the matter and get the. City Councils opinion. He further stated that the 65 per month per householder subsidizes the program and..it has not been the policy of the City to extend the lines fur- ther outside the City than..they are at the present'. Assistant City Manager Friedline pointed out the.present bus routes on a map and explained that at one time the bus line had . extended out further on Fruitvale Boulevard:, but there had been little or no passengers and that extension was.. taken off the_route.and no extensions :further outside the City had been . .made. since that time. In_discussion.,.Councilman Robinson indicated that he feels that the householders in.the.City.should not- have'to subsidize the'bus service for those outside, but if there is -an area bus. service that .pay-its own way, then the extension request- should)be.considered and recommended that Petition No. 698 making such a request should be considered .with.that.in. mind After:due.discussion,.it was.MOVED by Robinson, .seconded by Keith :that .said _Petition ..be referred .to .the City .Manager .and .Staff for study • . and recommendation on the.suggested._basis: carried; Brown, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Keith noting nay by voice vote. Damage. Claims having been.filed..with -the City Clerk as follows: • on May 7,_1971., by Mrs..Robert Zoerb; 1114 Buwalda Lane,..in the amount of $100.00 for damages caused when she fell over a manhole cover in the crosswalk of Yakima Avenue and 4th Street, . on May 10, 1971,.by Mr. Delmar.C..Anderson,i1115 Garfield Avenue, in the amount of . •$85.0Q:for..damages to his suit._caused when he fell over an upraised sidewalk, on May 10,.1971, by Mr. Refugio:Sandoval, 1605 S. 6th Avenue, in the amount of $7.88 for unnecessary service call from Roto- Rooter, when the City was cleaning the sewer line and he thought his line was plugged, on May 14, 1971, by Junior - Amusement Company, 307'N. 3rd Street, in the amount of $35,000 for damages to property caused.when a fire previously extinguished by the • City Fire Department, broke.out again, .and • on May 14, 1971, by Automat Company, Inc., 2:18 -220 S. 2nd Street, in the amount of • $20,000, for.damages caused.to.the building when a fire previously extinguished by the City_Fire Department, broke out again, • it was MOVED .by Keith, seconded by Lust that said Damage Claims..be.referred to the Manager and Staff for study and recommendation : .carried, Brown, Keith, Lambert, Larson, Lust, McNeice and - Robinson voting aye by voice vote. An Ordinance transferring $1,000 to the.Dangerous Building. :Repair- and_Demolition Fund and appropriating that amount in that. Fund•, " been read in :.its entirety at the previous • meeting on May 10, 1971, and being.read by title only this date, it was=MOVED by Robin- son, seconded by Keith that Ordinance, No. 1305 providing :for said transfer and.appropria- tion,,be passed .as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robin- son voting aye on roll- call. - ORDINANCE NO. 1305, ANORDINANCE transferring the amount of $1,000 from 021 - Dept. of Plan- ning and Community Development to 132 - Dangerous Building Repair and Demolition Fund; and appropriating $1,000 within 132- Dangerous Building Repair and Demolition Fund. • . 199 . MAY 17;' 1971 • • It was MOVED by Brown, ,•seconded....by. Rob.inson.,. that. Ordinance __No....13062relating"to billiard rooms., pool. rooms .and_bowling :,alleys :and. amendin.g.,.- regulations -...concerning :closing .hours, be- - ..passed .as read....;. City.. Attorney :...Andrews...explained that, :this...Ordinance is proposed for the consideration_..o.f.the City._.Council..in..: response..... to..._Petition.,.No..:.69`5, which was with the City -Clerk . and_ Council__.previously....by:.. Dutch:. Kohler .of....Ye- ..Ole:_.Gas..Light Restaurant and others, requesting __that._,.restauran.ts__be.. allowed:.:to :operate . poo.l.. table.s,...during. the that they • are open-, . and. referred :to -.Staff for:. study..and_r.ecommendation -. He reported that the. .Chief of Police: has _ repor.ted....that-_there "is' no - ,objection .to- allowing such establishments to II ' ... maintain 24- hour-... opening . schedules --,...exceptthose. :-that serve. alcoholic. ;.beverages, which must - • ' fo11os.. -the, State., regulations regarding_.closing :. times.`- ..Mr— Andrews also explained that .the proposed Ordinance .al so... amends --the Yakima ,Municipal .Code . re :.penalty ' for violations . Mr. Walt Dauber representing -the_- Gas -_ Light :restaurant, :.being present,. spoke;in -favor of the : proposed. Ordinance. AFter..dtie..d-iscussion,. Mayor Larson called for the roll- call vote on the Motion to.. pass Ordinance No... ,1306 toy closing.. hours . • .of billiard and pool rooms .and bowling. alleys, and...,it_-carried, Keith .L ambert, Larson, Lust, 'McNeice and Robin - son._.voting aye .on roll. call. ` ° ; - _ • • . • ORDI- NANCE.-NO.... 1306.,. AN .ORDINANCE...relating: to licenses..- and .business regulations; .prohibiting . gambling.,.. and:. prescribing_ :,.ho.urs. ,.of.....operat'ion.;of billiard.. rooms.., . pool rooms and bowling . ._.. ..alleys where... al. coholic -.beverages...are..sold : ;.. pr-oviding._a.- ..penalty for violations of Chapter 5 :..18 of the City.of Yakima Municipal. Code;,• : :and.amendingSections 5. and 5..18.080 of ' the City of Yakima_..Municipal .Code . - . A report having been., received. from. the Planning, Commission :on..outside -utility services to K -Mart, City Manager McMi.cken..- referred,to his - Report -.. #'119:.,. Utility.'Service Request - -K -Mart Shopping Center, which . reviewed, this • matter'. - Mr.. Jay Otto., Director o.f ..Planning and Commu- nity.Development, also.reviewed this matter Staff and Planning.Commission con- sideration-:, He .stated,. that ...they., .had considered ' this _matter . in..two .separate parts, the first as it.relates:.to City policy regarding utility extension as stated in:Resolution No. D- 1250., and second,,on the basis of the development plan now before the-City Council, which indicates .the_ existing development and proposed site improvements..•Mr. Otto commented . briefly on the..City_'s. general .utility - .extension policy and.how..approval of this request ' . might affect future.development and the.. credibility....of- presently.stated City .policy. He ' indicated that he .feels -that the City policy -as stated in..Resolution No. D- 1250-is clear' • • and workable and in this case regarding the K- Mart,. the''outside utility request is. • • granted,;will be .clearly.- violated. Mr.. Otto•stated that the Planning Staff' and Planning Commission considered the. development plan as presented.and recommended approval of the: .outside utility services request and the , development: plan subjec - L,to the following require- ments: . .-• . . a.. Developer-to landscape site in accordance .with the • landscape ,plan . prepared by: •the .Planning. Staff . . . • b. Site to.be.screened from industrial.spray field and_view from west along ' east portions. of. south property line. .Trees. planted on. thirty. `foot 'center . on city property. • • t • . - c. Final landscape plan•to be.completed'by•.Da -Sal with professional assistance . and resubmitted for final approval.- • ' . - . d. Performance bond to..be filed based final plan_cost..estimate and.approval . (approximately $10,000). - . . e. Irrigation. system to.be installed for all.landscape areas..excep.t.east and,, . south boundary . f. City must obtain from state a permit to.use the-state 'right of'.`way ' landscaping and in turn . grant a.permit to.Da'Sal which would commit that -- -• - corporation .to - the and maintenance .of said landscaping.' g. Future development of.unused parcels to. be undertaken by the,.. developers. . in accordance with planned development zoning. , . . .. , . - h. Building, mechanical,,. plumbing and sign ,permitsand fees,,,to. be, taken out , by developer. i. - city—to require..release from.future'1iability.-.. occasioned by presence of -- F.. spray' fields 'and sewage' treatment plant. ' • • j.. . Water and sewer...plans, .scheduling, and .costs to be worked out with City Engineer, Director of Public Works and City Manager. . Public Works Director .John. Mayo., explained - i-n .detail, what'.will be involved in 'installing the requested water and sewer.service to this property and how the estimated costs are figured. He explained that the developer.will pay' the full cost of installing the sewer, • but that .the• City will share the cost-of installing the water system as the extension and. . looping of the system is advantageous to the City and_justi.fies. :City financial participa- tion using utility funds He further explained that Da Sal will pay the equivalent cost of • a 6" main, plus any hydrants serving them, .for the entire length of the new construction, except for the first -900'.- of• -8" -main which -is not -for their benefit; the City pays for the extra main. size - for - system -wide benefits; receives.a 15 -year refund agreement for the protion on Nob Hill Boulevard for which they have advanced the funds. City Manager . McMicken reviewed his Report. #119 regarding this matter.,. stating that the utility consider- ... ation - -is in.line -with what has.been done .in the past;•and that the -utility extension will depend- upon•,-the County.permit for: construction and would be : subj . ect.to, County approval. He - recommended that. the -City Council approve the.. outside utility of ..Yakima granting the extension-...of. water and sewer services subject to.: approval by Yakima County•Commissioners ..(water.service.only); execution of..a.water line reimbursement agree- ment; and Planning.Commission requirements for landscaping and related matters. He stated that there is one unresolved problem re item: (i)• on the Planning Commission list of recom -; mendations that."City to.require release•f-rom.future liability occasioned by presence of spray•fields.and sewage treatment plant " -,.and that there have been discussions but no. con . clusions on how.to.handle the matter. Mr. Robert West and Mr. Gene P. Mayer, developers, spoke on behalf. of the utility request for K- Mart.. Mr. West stated that-their attorney has been in conference with .the City Attorney regarding item (i) mentioned-above.. Mr. Howard • Elofson, Attorney.representing K- Mart,-.also spoke regarding this matter and indicated that they cannot get.a waiver as requested..` Mr: Mayer stated that they have agreed.to do 'every- thing they possibly can, that they have agreed to the landscaping proposals recommended.by . the Planning.Commission,'but will not be able to post a $10700'O;.performance bond in time_ 20 MAY 17, 1971 • and it will not be .possible . to_...ob,tain °. a waiver ;from -the :;S:.... S ... Kr-esge_. (K- Mart.owners). regarding possible .odors ..from ..the City's :waste - treatment. plant. Mr:... John.,.Fairbrook, Plan- ning Commission member:; stated that in voting.against. :the proposed request.,.that..he was not - against the K -Mart, but against...City' policy -that: the ..City has.: of ..extending .services outside the City, which allows possible:.. encourag. ement. of :other'developers - to_follow.the same route . as K -Mart. Others present and.,speaking..in general .tothis.matter,.were_Mr, Eugene Shields, Planning Commission .member,who - :-stated that he feels K Mart should pay for a larger per -' centage' of .the .project .than a_ 6_'.' ..main';. Mr.. Paul.. Mercy, ..who also. thought that K -Mart should pay ..an amount for .the ..installation. of a12" :main.;_: and.. Mr..Jack .Nettleship., developer, who stated that they didn't have.to..have_City services but.could.b.uild..their..own, and that because County zoning is needed,'.he does not feel that they. should be criticized for - re- questing these.services... Councilmembert indicated that they still do..not approve of the locationof"K= Mart_, that.they do not blame'the'°developers.of K -Mart for the problems being . faced by the City, but that:they are. caused because of lack of County zoning and planning, and that this project was allowed to be built and denying services will not make it go away. After .due discussion, it was by Robinson;'seconded by Lambert that the outside Utility service be approved subject to the conditions as listed in the Planning Commission's report except conditions, (d) and -(i):. carried, Brown Keith,. Lambert, McNeice -and Robinson voting aye on roll call.. .Larson. and .Lust, voting nay : on...roll Councilman Keith excused at 10:00 P.M. City Manager McMicken referred an off - the - Agenda item regarding the Randall Park Master Development Plan.to William Hutsinpiller, Director of Parks and Recreation. Mr. Hutsin- piller introduced •Mr..Richard.Carothers., ASLA,.of'Richard Carothers Associates, Landscape Architects, who submitted in.accordance with an agreement.with the City, a Design Report for the Master Development.Plan.for .Randall' Park: Mr.. showed 65 slides of the Randall - Park project,. which._constituted slides of'the- existing. site, slides of the schema- tic phase of the program and.slides showing the final design report, explaining each of these in detail as to what will be the final development of this 35 acre tract bounded by 44th and 48th .Avenues. Council members indicated their °approval of the -work done on this projeet by Richard_-Carothers Associates. City Manager McMicken explaining that on May '6, 1971, Gordon A. Geise filed a claim for damages against the City of Yakima-in the amount of $71.93 to replace an engine for claim- ant's lawnmower, which engine. was.-destroyed when the mower passed over-metal pipes placed and left in his yard by City employees' in the course of their duties, and recommending -that this claim be paid, it was MOVED by Brown, seconded by McNeice that Resolution No.. D -1651 authorizing payment of said claim.for damages, be passed as read: carried,. Brown, Lambert, Larson, Lust, McNeice and 'Robinson voting aye on roll call. Keith absent. RESOLUTION NO.. D- 1651, A RESOLUTION. authorizing.payment of a -claim for damages filed by Gordon A. Geise. • City McMicken explained that. Elaine. James, clerk- typist in the Yakima Police Depart- ment, was employed from August 6, 1957; to May 19, 1962, during which time she was a member • of the Police Relief and Pension system, and on December 26, 1962, she was re- employed in- the same capacity, and was then, and -is now, a member of the Statewide City Employees Re- tirement ESysteni She has,applied for retroactive membership in the Statewide Employees • Retirement System and has offered to pay her contributions for the period of her previous employment. After due discussion, it was MOVED by- Robinson, seconded by McNeice that Reso- lution No.•D -1652 authorizing 'said . retroactive membership for Elaine James in Statewide City Employees.Retirement System, be passed as read: carried, Brown, Lambert, Larson, Lust, McNeice and Robinson voting aye .on roll.call. Keith absent. RESOLUTION NO. D- 1652, -A RESOLUTION authorizing retroactive membership for Elaine James in the Statewide City Employees Retirement System. . City Manager McMicken referring to his Report #118, Southeast Community Center -- Program Funding, which reviewed.th.is.matter, stated that this is prepared to report on the manner in which Mr.. Henry.Beauchamp,' the Southeast Community Center Director, is to be employed by the City as part of a community -wide effort to continue the services of that agency, in accordance.with action taken by the City Council on May 10, 1971, and requires no further. action by the City Council inasmuch as the position is'temporary and funding is available • within the existing budget, unless it is felt that we should not proceed with this action. No further action was taken.by the City Council, on this matter. Mayor Larson n - reporting that because of the resignation of Thomas Bostic and Robert Schultz from the Housing and Renewal Committee, it is necessary to appoint replacements and that Mr. H. William Whitaker and Mr. Fred 'E. Young have been recommended and have indicated that they are willing.to.serve on this Committee, it was MOVED by Robinson, seconded by McNeice that they be.appoirited as recommended: carried, Brown, Lambert, Larson, Lust, McNeice and Robinson' voting aye by- Voice vote. Keith absent.- City Manager McMicken stated that with the hiring of Mr... Henry Beauchamp by the City, a vacancy will created on the.Housing.Authority Board of Commissioners. Mayor Larson indicated that'he will consult with other members of the'Housing Authority before appoint- ing someone to replace ■r.- Beauchamp. . There being no further business - to come before 'the Countil, it was MOVED by Lust,.seconded by McNeice that we do now adjourn at the hour of 10:35 P.M.: carried, Brown, Lambert, Lar- son, Lust, McNeice and Robinson voting aye by voice vote Keith absent. • . READ AND CERTIFIED ACCURATE BY DATE S ° : COUNCIL► • 4��J.1 _ . DATE / CO. C A • A ,TEST :. • • ;e(, C I T Y C L E R K - - M A Y O R • L