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HomeMy WebLinkAbout08/23/1971 Business Meeting • . . 243 • AUGUST .23, 1971 The City Council ,met in regular session,.Mayor Larson...presiding, Councilmen Brown, Keith • and Lambert .and City Manager McMicken...presen.t .on :roll..call... Councilmen .Lust, McNeice and Robinson and City Attorney. Andrews ..absent.:on - ::'rol_i call... Councilmen.Robinson and McNeice having been excused at previous._meetings,.. it was. MOVED.._by... Keith,. seconded _by .Brown that - Councilman .Lust. be excused from_.this:meeting: carried, ..Brown,. Keith,. Lambert and Larson vot- ing .aye by voice. vote . . The Invocation was given.. by Keith . The minutes of. the regular meetin.g..of_August 16, 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. continuation of :the:.. Hearing_. on.. Petition No. 678, filed by .. St. Elizabeth.. Hospital ,_requesting.Vacation�of a of South..9th..Avenue right of way between Walnut and.Chestnut, and it being further°requested.that this s- Hearing be continued, • it.was MOVED .by. Keith, seconded._by,..Brown that this: Hearing: be continued to. September 27, 1971: carried, .Brown, Keith,. Lamb.ert.. and: ::Larson voting..a.yeby.,voice. vote. Lust, McNeice and. Robinson...absent. • This being the time fixed. for the Hearing. :on. ::the Rezone:.Application filed by Mr. & Mrs. A. W. Stevenson., _requesting rezone .. of:. property located:. at. 9. South 10th Avenue, it was MOVED by Brown, seconded by Lambert that Ordinance °.Noy. 1330 accepting.the.recommendation Of the Planning.Commission and.rezoning.said.property, be passed. as read. Assistant Planner Larry • Wright. of . the Planning Department.., _reviewed ,-the :' Staff',.Report ,of. the Planning Department and . the Planning Commission 'Meeting .of.: August 3; 1971,. re. this. Rezone. Application. He explain- ed that an application. has. been submitted requesting that : -four lots located on the east side.of South 10th Avenue,. approximately.2.0.0.feet of its intersection with West Yakima Avenue, be rezoned from R- 3,.Multiple Family°.Zone', to B- l,Modified..Business Zone, for.the purpose of adding. professional offices the ground.floor'.of the present structure._ He • further.explained that the Planning Staff and °.Planning.Commission recommended approval of • .. the..request as it.is consistent.with.the General Plan,in_an area that is fast becoming a center of.dental, medical.and related service office uses. Mr. R. W. Langdon. and Mr. Gene Tyler, property owners in .this.vicinity, asked questions about what is permitted in . a B -1 Zone and if taxes will increase on their property because of the change in zoning, which were answered .by Council members. After due discussion, Mayor Larson called for the roll call,vote on the Motion to pass.Ordinance.No.. 1330 accepting the recommendation of..the Planning..Commis.sion and.rezoning.said'.property and.it carried, Brown, Keith, Lambert and. • Larson voting aye on roll call.. Lust, McNeice and'Robinson.absent. ORDINANCE NO. 1330, AN.. ORDINANCE .accepting - the - recommendation of the Planning Commission and rezoning certain•property ..situated at.9 South 10th Avenue in the City of Yakima, Wash- ington, from R -3, Multiple Family Zone, to B -1, Modified Business Zone. This being the. time fixed. for the Hearing on the,Rezone Application, filed by Glascam Build - ers, Inc..,.requesting.rezone..of property located at 40th and.Nob Hill Boulevard.(N.E, cor- ner), it.was MOVED by Brown, seconded by Lambert that Ordinance No. 1331 accepting the .. recommendation .of the..Planning .Commission and. rezoning said property, be .passed as read: Assistant Planner, Larry Wright,.reviewed the Planning..Department_Staff Report.and the. Planning Commission Meeting o.f.August_3,.1971, re this.Rezone Application. He explained that Glascam.Builders has submitted a planned development on a 6.4 acre.parcel of land lo- cated northeast of the intersection.of Nob Hill Boulevard and South 40th Avenue, and proposes to develop a combination.residential and commercial site, with the residential. . development to bean 80 -unit apartment complex the commercial development to include a service station backed on the intersection of 40th and Nob Hill, a_restaurant and retail and office building on the south portion of the site. ..He..further explained that the de- velopers.indicate that they anticipate the.bowling•..lanes and real estate offices already.in this_area will.ultimately._be included in the total landscaping . plan. He reported that the • Planning Staff. recommended .approvalfor.the.preliminary and final planned development sub - ject •to (1) the final service.station site plan, including refined landscaping, signing and building design be resubmitted to tbe.Planning Commission for review and approval prior to the issuance of a building.permit for.the service station facility, and (2) the develop- ers fully .understand. that any major change from the general ,type of .commercial use proposed will necessitate the resubmission of the application. He further reported_that the_Plan- ning Commission unanimously approved the preliminary and final development plan and recom- mended to the City Council..a rezone of the area from R-1 . and R -3 to Planned.Development Zone,_._subject to (1) that commercial uses in the development would be restricted to those B -2 uses._as listed in the Zoning Ordinance, and 12) the final service station site plan, including refined landscaping,._signing and building design be resubmitted to the Planning Commission for review.and approval. prior to the issuance of a building permit for the ser- vice station facility. Architect Donn Rothe explained.the site sketches he had made of the development. ,Persons present speaking for and against this proposed Rezone were Mr. Elmer Holbrook and Mr...Martin.Jesser and.others. Mr.. Jesser referred to a protest had filed with the City Clerk on.August.l2, 1971,,signed by.a number.of persons, - representing ten residences in this area, all protestingthis.proposed Rezone as they feel it will be detri- mental to the already existing residences. Council members indicated that they are in accord with the recommendation o.f :the Planning. Staff.•and Planning Commission and feel that this is a well planned for this.area. After due discussion, Mayor Larson called for roll call on-the Motion to pass Ordinance No. 1131 accepting the recommendation of the. Planning _Commission.and.rezoningsaid property and carried, Brown, Keith, Lambert and_Larson voting,.aye on..roll call. Lust, McNeice'and Robinson absent. ORDINANCE.NO..1331, AN ORDINANCE, accepting the recommendation of the Planning Commission and rezoning certain property situated north'of.Nob Hill Boulevard between 38th and 40th . Avenues, within the City_of Yakima; from R -1, Single Family Zone, and R -3, Multiple Family • Zone,.to Planned Development Zone.' _ . Petition..No..700,.having been filed with -..the City Clerk on.August'20,.1971,-by N. A. and Elizabeth.C..Medley, et:al,_requesting.annexation . of property located on Nob Hill Boulevard between 44th and 48th_Avenues, it was.MOVED by Keith, seconded by Brown that the Petition for Annexation filed by N. A. Medley and Elizabeth C. Medley,.et al, being Petition No. 700, be approved as meeting the requirements of law; that said Petition be referred to the City Manger and Planning .Commission for study and recommendation; and that September 13, 1971, be set as the date for a public hearing by the City Council on this Petition: carried: Brown, Keith, Lambert and Larson voting aye by voice vote. Lust, ,McNeice and Robinson absent. August 23, 1971 A Damage Claim having been filed with the City Clerk on August 13., 1971, by Alan..D. Bischoff, 1325 S. 34th Avenue, for damages in._the amount of $24.05 for destruction_and.loss of his wristwatch,which occurred.on May.21, 1971, during the course..of claimant..'s_.duties as a Yakima police officer, -it._,was MOVED..by.. Keith, .seconded...by....Brown....that Resolution No. D -17 authorizing the payment....of.. said... claim ..for :damages,.be:passed:as read.:.._carried.,.Brown, Keith,Lambert and Larson voting.aye on roll call.. Lust, McNeice and.Robinson :absent. • RESOLUTION NO. D- 1716,. A_ RESOLUTION.authorizing..payment to,.Alan..D..Bischoff of,.a claim for damages. . A Damage. Claim having_ been ..filed ..with. :.the .City' Clerk::..on._.August 1.7., 19.71.,. by. Ronald: Dale Wilson, 1811.W..Nob Hill. Boulevard, fordamages:in of $12.00.as reimbursement for the destruction and loss.of_..his eyeglasses,.which occurred on. August 14, 1971, during the course.of his duties as a.Yakima police officer, it.was MOVED by Brown, seconded by Keith that Resolution.No. D -1717 authorizing =.the'= payment of.said...claim.for damages, be passed as read: carried,_Brown.,._Keith, Lambertand Larson..voting- aye.on..roll call. Lust., • McNeice and Robinson. absent. RESOLUTION NO. D- 1717.,.A RESOLUTION.. authorizing. payment to Ronald Dale Wilson of a claim for damages. Damage.Claims. having been filed with the City Clerk on..August 18,.1971, by MatsonA. Young, 3602 Carol Avenue, for damages :"in the amount of $51,.98, for broken eyeglasses caused while he was getting out of a City vehicle, and on August 17, 1971, by Erna L. Floyd, 411 S. 10th Avenue,_.for damages in the amount of $125.00, caused by a City Garbage truck.damaging her garage, it was MOVED by Keith,. seconded by Brown that said damage .claims be referred to. the City 'Manager and Staff..for study, and :recommendation: carried, Brown, Keith, Lambert and Larson.voting aye by voice vote. Lust, McNeice and. Robinson absent. There was some dis- cussion re the Damage Claim filed by Matson A. Young, Fire Chief, as to whether this claim .should be paid for glasses broken while on duty, but not in an emergency situation, and it was decided that this matter should'be further.studied. It was MOVED by .Brown, seconded by Keith that Ordinance No. 1332.authorizing a. temporary loan from the Water- Sewer.Fund to the Refuse Fund and extending..time.for_ repayment of various other loans to.the Refuse Fund, be passed.as read: carried, Brown-, Keith, Lambert and Larson voting.aye_on roll call. Lust, McNeice and Robinson absent. City Manager McMicken explained..that this.Ordinance is necessary, to supply the Refuse Fund with opera - ting. cash_ for the balance of the current year and for the month of January, 1972, until 1972 revenues are received, and the repayment dates for certain current loans from various funds to the Refuse .Fund must be extended .because of the current lack of cash in that fund .to repay those. loans on.dates:.originally provided. ORDINANCE NO. 1332, AN ORDINANCE authorizing a temporary loan of $50,000 from 463- Water- Sewer Fund to. 4.61- Refuse Fund, and providing for repayment; extending the time for repay- ment of current loans from_various funds to 461- Refuse Fund; and•declaring an emergency. City.Manager'McMicken.referred the matter.of the recommendation by the Parks and Recreation Commission that the Park Bond issue be submitted on the November ballot, to William Hutsinpiller, Secretary.of the Commission and Director of Parks and Recreation, whb explained that there has been considerable study by the Park Bond Review. Committee. and that three meetings have been held to discuss the issues at. hand and the last Bond issue. He reported that the Parks reviewed the material last week and there will be a meeting for the review of the whold Bond issue with the Parks and Recreation Com- • mission, the Park Bond.Review Committee and the City Council on Tuesday, August 24, 1971, • and a report,and recommendation will.be made to the Council after that meeting. No- formal action was taken on this matter at this time. - City Manager McMicken referred_to..his.Report #129, Proposed Fire Bond_.Issue,.which he re- viewedsand recommended that the City.Council authorize the preparation of a.bond..issue ordinance for fire purposes. to .be placed on the November 2, -1971, Ballot for voter consider- ation. He reported that the deadline for enactment of such an ordinance is September 13, 1971, but that.a..decision_should.be made no later than August 30, 1971, in order for the necessary work to be done by bond counsel. After of this matter, it was informally decided.. to. delay Council action for one week until more Council members are present to act on the matter. • City,Manager McMicken referred to.the matter of the delay.of Nob Hill Boulevard (Rock to . 16th Avenue) restriping; and.explained that Ordinance No. 1321 prohibiting parking on certain streets, which includes Nob Hill.Boulevard, Rock to 16th Avenue, passed more than thirty days ago and last week legal was filed against the City by Billington Build- ers, which restrained the City from restriping this street, and information received that other property owners may do -the same. He reported that City Attorney will defend the • City's Ordinance. and legal right to control the public rights of way, to prohibit parking when based on reasonable'cause, and to use the public street for public use. Mr. McMicken further explained that because of the lawsuit filed by Billington Builders, no action can • be taken to effect the City's Ordinance on this street..this year. City. Manager McMicken referred to the matter of the concurrence by the City Attorney with. the Opinion_.of Y.V.T. Legal Counsel regarding non - necessity of vote on their Fran- ' chise and reported that the previous week he had read a Brief prepared by the.Chief Counsel of the Y.V.T. line which stated .that in his opinion the City could not and should not refer to the 'voters, a Franchise for Y.V.T., and that City Attorney Andrews has reviewed this and . finds the position to._be well taken. Mr. McMicken stated that this is a matter of informa- tion for. the .Council at this time. Mr: Gene Allard, property owner in the vicinity of the Y.V :,T. tracks, being present, spoke to this matter stating that he hoped that the City Coun`cil•would hold 'hearings to give the people an opportunity to express themselves in re- gard to the continued use of the City streets by Y.V.T. It was explained that when an .Ordinance is prepared. for. Council. action, interested. persons may appear at that time to ex- press _their•opinions...Discussion on.whether the City Charter holds or whether the State Law•holds in.such matters, brought out that legal opinion shows that the State Law holds. Mr. Allard suggested getting an.opinion from the State Attorney General.. • • • , ■ 245 . August 23, 1971 City Manager McMicken'referring to the-.matter.:of Consent..to,Assignment.of Lease Agreement for restaurant .premises.- at the. Yakima.._ Municipal: Airpor:t:explained that .inn.:accordance with action by the Council at the •meeting,..of..August . 16:,..1971,:..when Donald_ L.undberg.. appeared and requested. that _his Lease...be. assigned :_to.M±:.. and. - _Mrs.: Cecil:_A... Beauchamp.,'_this• matter has been studied. and.. i. t_is _..recommended...that..2Council :authorizationbe given :for this assignment. After' dine discussion., :`.i.tt ;was.: MOVED. by.. ..Brown :,: :.:seconded:by:.Keith ..that - Resolution No. D -1718 consenting..to.. said._.assignment .-of a.-_Lease:.:Agreement :for : :restauran.t premises at the Yakima 'Munic'ipal__Airport„ . be passed _as. read : :.carried, Brown, Keith ambert : and Larson voting aye III on roll..call... Lust_, .. McNeice . and_ Robinson.. absent . RESOLUTION_ NO... D- 1718.,_.A RESOLUTION. consenting :,.to :theas of.,a' Lease Agreement for restaurant_ premises at ..-the Yakima. Municipal' Airport. • City Manager-_McMicken.--.referring. to.:the.:matter-of authorization_to..execute .an Agreement with Don.. Hamilton :.for.`construction.. -o.f. a-..domesticr, sewer. line .to ..Hamilton over a. fifteen- .year..period, . and... recommending:. that this :.be. :authorized; it .was ..MOVED 'by Keith, seconded by Lambert that Resolution..No. D -1719 authorizing.the execution of said agreement, be-passed as read:. carried - Brown,...Keith,.Lambert` and Larson.voting aye.- roll call. Lust, McNeice and.Robinson absent. . • .RESOLUTION NO.. D- 1719,. A RESOLUTION.. authorizing the . City -_Manager. and. :City.Clerk of the City - of Yakima,to execute an .... agreement,: with. Don" Hamilton for.athe construction of a domestic' . sewer line. • City.-Manager.McMicken reported that an Offer t� Sell right.:of way property for Mead Avenue .improvements has been received from Peter and Golda and it was MOVEDby Brown, . seconded by Keith that Resolution No. D -1720 authorizing the purchase.of said right•of way property,..be passed as.read:_carried., Brown,.:Keith, Lambert and. Larson voting aye on roll • call. Lust,.McNeice and Robinson absent.• • • • RESOLUTION NO. D- 1720.,..A RESOLUTION. authorizing right of way property for Mead Avenue :.improvements.. . City.Manager_ McMicken reported on -.an.. off =the Agenda._item,= that...of a .letter from Bert Broad stating that according to -the -_Yakima.:.City .Charter, any City..political activity by- a member . of a City Council commission, is.unseemly,if not in fact., illegai,'and'as he has filed for a City Council position, is.pre his.resignation as a member of :the Yakima- City Employees Civil Service Commission. After. due..dis'cussion,._.it was MOVED by Keith, . seconded by Lambert that his.resignation :-be accepted and that - a letter be,written expres- sing appreciation for his long service: carried, Brown,•Keith, Lambert and aye by voice vote. Lust, McNeice and.Robinson absent. ' Mayor Larson .reporting . that Mr. •Charles_ Fowler.'. s termon the Commission expires in .August, 1971, that he. has .indicated .that he mill .serve. :another term if . asked, and recommending that he be reappointed, it-was MOVED.by Brown, seconded by Keith•that Charles Fowler be reappointed to the.Planning Commission for a six-year to expire.August, ; •_19,77: carried,_Brown, Keith, Lambert and.Larson voting aye by voice vote.. 'Lust, McNeice and Robinson absent. Councilman ,Keith asking to be. excused• from the next meeting.- of August 30 :;• 1971,.•it' was ' MOVED by. Brown, seconded by Lambert that he be( excused: carried.,. Brown, Lambert and'Larson voting aye by'voice vote. ' . There being no further. business to. come :before..the .-Council., ,..itwas: MOVED. by .Keith, seconded by: Brown .that we _ do now: _adjourn . at .the .hour of • 4 3 5 ..P . M,. : carried, Brown, Keith, Lambert . and Larson..voting..aye _by ,.voice vote . _ .Lust, McNeice . and _.Robinson . absent . READ AND . CERTIFIED ACCURATE_. BY == .�- J✓l/�� - v�� - DATE.. ' O 7 . COUNCILMAN 1 1 -- DATE._ - •4V - OUP O ILMAN ' • ATTEST: ? i ' . /' X." . ...... • ez.' C I T Y • C L E R K . M A O R • . • • .