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Home My WebLink About09/20/1971 Business Meeting 2 53 • • . SEPTEMBER 20, 1971 • The City Council met in regular.._ sess,ion-,..,Mayor . Larson ...presiding.,.....Councilmen Brown, Keith, .Lambert, Lust,. McNei.ce.. ancLRob.inson. and...Ci.ty, •.Manager. McMicken ..an.d.:City_Attorney Andrews present, on.. roll .call . . The.. Invocation ..was given._-b.y. ,.Counci lman Lambert . • The . minutes:.of the reg.ular__.mee.ting . :.of - September_...1.3_,....1971 ,... and..the recessed meeting of Sep- tember. -17., 19.71,, having - been.... duly. .. certified..accurate.._by. ..two. Councilmenand no one wishing to have.. said ..minutes....r.ead_.publ.icly _,..Mayor.- .Larson._-declared said. :minutes approved as corrected. This being. -the time fixed for... the continuation•of the--Hearing on the Planned Development and Annexation .Petition No...- _..7.0 -0_; filed by .N•:' A,.. :Medley & Others, requesting. annexation of property located East of South.48th:.Avenue.and_South of Nob Hill. Boulevard, having been continued from..September..13, 1971, at the request of Max Vincent, Attorney representing the people in opposition to the proposed Planned Development in order that they might make further preparation on the matter, Mr. Jay Otto, Planning Director,. reviewed the recommen- dation of the Planning Commission. He stated that this matter is actually in.two parts - annexation of a 48 acre parcel of ground-and the recommendation, upon annexation, of a. .Planned.Development. Mr. Otto. further stated that this annexation has been before the County Boundary Review Board and released and that re the zoning of the property,.the Plan- ning Staff and.Planning Commission recommended the annexation and that all but seven acres be zoned R -1, Single Family.Zone, with the remaining seven' acres to -be -zoned Planned Devel- opment, subject to the :following conditions: • 1. Quit claim deeds for right -of -way• on South= 48th. Avenue for the-.additional 10. feet for :planting -strip and- sidewalks: 2 • Appropriate-quit-claim deeds. for Nob- Hill Boulevard right -o.f -way to- .include. • • sidewalks and planter -strips.- .. - . - • . .3. Written .assurance.. of sidewalks... on..South- .4 -8th , &• Nd5: Hill...Boulevar.d. to..be. completed..before. or..simultaneouslywith. the approved•.p•- roject... - • 4. A waiver- and.release of. liability of the part of the City of Yakima for injuries and.damage which may result from activities around and connected with the Yakima Municipal Airport, including noise and vibration resulting from aircraft flying • over or near subject project. Mr. Max Vincent, Attorney, representing the people against the Planned Development, review- . ed -his cliental fori objecting to this - Planned Development , which were mainly that they that the multi- family units will create traffic -as well crowded school conditions. He state•Lthat'a week ago had asked for continuance of this matter to prepare further.. and: is offering some :new ideas. that had not been previously discussed at the Planning Commission meeting, which would ask following additional modifica- tions tor'the Planning Commission .report, if the Planned Development: is that the open irrigation :wasteway which runs down,between the•properties be covered; that the garbage can area should be buried.and•site screened; there should be site screening of the two parking areas; there should be a 6 ft. high cedar, not cyclone, fencing, which should be extended. further north.and south and have a natural arboretum along this fence; there ...should. be' outside lighting in the...parking lots and landscaping should be . prope'rly landscaped; there - should be a time - regulated sprinkling system; there .. should be a height limitation of the trees and some of the oak trees planned should be con- verted to evergreens and should be cedar'shakeor some. other similar roofing. Mr.. Vincent stated that they felt.that these special conditions would be doing the developer a favor and are not new for this type.of .development, and that his clients have not had a chance to speak directly to this plan. Mr. J. W. McArdle ; - Attorney. representing -Mr. Medleys -reviewed.the. matter stating that there have been three Planning Commission meetings at .which the people have had a. chance to.present their views, that all of these. conditions had been :presented to the.Planning.Commission, and that in cutting the number of units from 84 . .. to 64, there is.. a low density of 9 people acre, and that -they. feel all ..conditions have been met. He further.stated that during the month August, the County Boundary Review . . Board approved the-Plan as proposed .and that.the Planning Commission has recommended favor. .Mr. Ed Gamon, Architect, who designed these - units, being present, spoke to the 'matters referred.to by Mr. Vincent re fencing, the roofing, garbage can . .:area, outside lighting..and the .type oftrees'tobe used in landscaping and stated that they feel that they have. complied with every possible reasonable objection. Mr. Medley, being present, gave a detailed review of the matter from the time he considered buy- ing this property to the present time requested that the City Council accept the Plan- . ning Commission's. recommendation and , annex;.said :property -with the requested zoning. Other persons present:and to__this matter were John. Fairbrook,' Helen Thompson, W.• B. Lain,-'Ken Paulson :and a school teacher. -.: Councilman Lambert stated that we have a mixed development throughout the City, and that a pl - an has been worked out that is the best -that • can be anticipated for this area with the conditions recommended by the Planning Commis- sion. Councilman Robinson stated that_he-.is sympathetic..with• the people who would like to keep.this'single - family area, but - concurs with Mrs. Lambert in that this is the best pro- ject that can be anticipated,. with the conditions that are imposed as satisfactory as can be expected.. ..He..further 'stated this is the lira this matter -h -as come before . the 'City and that he feels the recommendation :of- the =Planning Commission should be accepted. After: due' - discussion-, .and City Manager McMicken stating that there is no ordi- nance.prepared because. of.the involved nature. of the hearing. and recommending that the . .. Council direct. legislation:.to..be prepared, it was MOVED by Robinson, seconded by Lambert . that legislation be prepared in conformance. with -the Planning Commission's recommendation . re the annexation and .zoning of said property: carried, Brown, Lambert, Larson,.McNeice and Robinson voting aye by voice vote. Keith and Lust voting nay by voice.vote. . This. being the time fixed the Hearing on Petition.No.'709A, filed by Ancil Baker & Others, .requesting :that Thornton -Lane be •changed. to East: "M" Street and Petition No. 709B, filed .by E. H. Callaway & Others..requesting that the street name be left Thornton Lane, . City Clerk Donelson. reported that Mr. Baker has asked her to report that he wishes to . - withdraw his request•to have.the- street name changed. Co.uncilman Brown. stated that he had .also talked. with Mr.' -Baker who had informed him that planned to withdraw his.-request. Mr. Callaway being present, :spoke . to - 'the matter and explained that he had talked to the proper-ty.owners -on Thornton and many. of the same ones that had.signed Mr. Baker's : petition previously, signed the he circulated requesting thatthe street name remain Thornton Lane. After due discussion, it was MOVED by Robinson seconded by McNeice that this matter be indefinitely postponed: carried; Brown, Keith, Lam bert, Larson, Lust, McNeice and Robinson voting aye by voice vote. ti r 254 • SEPTEMBER 20, 1971 • Petition No..699, having been.filed with the. City ..Clerk...on..September.16., 1971., by, Mr. and Mrs. Horace. Powell , requesting . annexation . of , property :.. si•tuated. -at....4 31.0 ,W ...Nob Hill. Blvd, and a report having been'. received from the Department of Planning_and Develop— ment, stating that the Powell...Annexation. does: :not. r.equir.er.eview the Planning. Commission because 1. it a .sing.leresidential .lot;.._2 it: conforms :.wi.th.. zoning and_ .existing residen- tial development. in the._ surrounding. area; .3::. eliminatesan.- .irregular. jog in the City boun- dary; and 4. conforms with the..General.Plan, it.was.MOVED by Lambert, seconded by McNeice that October. 4, 1971, :be set., as the date'.for a hearing by the City Council on this Petition: carried, Brown, Keith, Lambert', Larson, Lust, McNeice..and Robinson..voting aye by voice vote. Petition No. 713,.having been filed.with.the..City'Clerk:on. September 15, 1971, by Gary. Han son & Others, requesting improvement of.propertyby`the °construction of sewer in the vicinity 'of South 1st Street . and. Mead Avenue and. a- Resolution of'Intention to create a lo- cal improvement district,_ having. been .prepared.,iwhich -includes this Petition. and Petition No. 708 it was. MOVED by...Brown.., seconded Robinson :that - Resolution No. D- 1725,.being a resolution of intention .to. create a local.. improvement• district :in said. vicinity and fixing • the time of Hearing for.October 18, 1971,:be passed as•read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting.. aye roll .call. - RESOLUTION NO. D- 1.725, A.RESOLUTION.of -intention' to create 'a..local improvement district. A Damage Claim..having been filed..with the .City .Clerk: on September 13„.1971 by, Michael L. Clark, Granger, Washington, for damages in .the amount.of $1,476.00 for wrongful arrest, it was MOVED by Brown, seconded by Keith that said Damage Claim be referred to the City Mana- ger and Staff for study and recommendation:. :carried, Brown;:.Keith, Lambert, Larson, Lust, .McNeice and Robinson..voting._aye by .voice....vote. It was MOVED .by Brown., seconded ..by.,Lust.that. Ordinance No. 1337,.creating a. Recreation Di- vision within the.Department of Parks and.,Recreation , be passed carried, Brown, Keith, Lambert ,- Larson,.Lust,.McNeice and Robinson_ voting aye on roll call. City Manager McMicken explained.that this.Ordinance brings.the Yakima Municipal Code into conformity with the Park program. .ORDINANCE NO. 1337, AN ORDINANCE- .relating.to city.. government administration .;_.specifying the organization- :and duties of the Department -of Parks and Recreation:of. the City of Yakima; amending Subsection 1..18.196 (1) of the - City :of Yakima Municipal. Code; and declaring an emergency. An Ordinance transferring $5,385 to . the. Parks.and- Recreation. Fund and appropriating that amount within.—Such fund,. having. been read..in its entirety at this meeting, was laid on the table for one week.or unti'l.September.27,.1971. City Manager. McMicken explained that this proposed Ordinance provides.funds.for the_balance -of the current year to. create a.recrea- tional division of the Department.of Parks and Recreation and to implement a recreational. program to be administered by that Department.. He. submitted to the Council for their in- formation, a resume on Ronald.. A. Abernethy,'who has been hired as. Superintendent for the new program and explained that Mr. Abernethy's salary and that of a clerk- typist II will be covered by this Fund. • . An Ordinance appropriating and ..transferring.monies_to.the. Southeast Yakima Community. Center Fund, having been read. in its.entirety.at.this meeting,.was =laid on. the .table for one week or until September 27, 1971... City Manager McMicken.explained that this proposed Ordinance provides for the appropriating and transferring to pay costs of the Southeast Yakima Community Center project and to.accommodate a change in procedure of accounting for expenditures. He. further. explained .that -the. City's contribution to program is $40,000 in cash plus non -cash in kind services. • It was' MOVED by Robinson, seconded. by McNeice that. Ordinance.No._..1338 fixing the time of delinquency and providing for the issuance of bonds :.for. - the payment.of. the unpaid portion of L.I.D. No. 980,. S.. lst Street and.E...Washington Avenue Sewer.District, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice .and Robinson voting aye'on roll call. ORDINANCE NO. 1338, AN ORDINANCE fixing the.time of delinquency.of installments of..assess- ments levied for the payment of the cost of the..improvemerit_in.Local Improvement.District No. 980, and providing issuance. of bonds with coupons attached for the payment of the unpaid portion thereof. Mr. Lorne House, State Director of _Property .Owners : Protection Association, Inc. being present, spoke :to the matter of the.Ordinance appropriating and transferring $40,000.to the Southeast'Yakima Community.Center, stating that their Organization would like to go on record as being against the City-giving this $40,000.'+x(4 Go 'w64�.2J City Manager McMicken explaining that the Law and Justice Regional Plan.was prepared by Lt. Bernard Kline and in accordance with,an agreement between the. City and the Yakima County Conference of Governments, the City must :purchase.100 copies and then will get re- imbursed, and recommending that authorization be given to pay for printing and binding of . said copies without.calling for bids, it. was MOVED by Robinson,.seconded by Lambert that Resolution No. D -1726 authorizing -said purchase, be passed as read: carried, Brown, Keith, Lambert,- Larson, .Lust McNeice and Robinson voting aye bn roll, call. RESOLUTION NO. D -1726, A RESOLUTION..authorizing hiring.of work and purchase.of_.mater- ials without calling for bids. City.Manager- McMicken referred.to his Report. #133, Computer :Applications: Bars and Payroll, stating that this. a matter_of information and requires no Council action. He also stated that the payroll will.be.the.next item be placed:on the:.computer. City Manager.. McMicken referring to. the. action .taken.by the Council. at the last meeting on. September 13_,. 1971, when the matter of Cable TV was indefinitely postponed, explained that it for the.Council by Motion to reject all bids so that they may proceed ad- ministratively to return bid.bonds, etc:. After due discussion, it was MOVED by Keith, seconded by Brown that all Bids received :on the Cable TV proposal,.be rejected: carried, Brown, Keith, Lambert, Larson and McNeice voting aye by voice vote. Lust voting nay by voice vote.. Robinson not ..voting . ■ • 255 SEPTEMBER 20,'1971' . City. - Manager McMicken, requesting ..._authori;z:a.tion :_ for., out. -of, State., .travel 'for., the following : Sgt. James - Beaushaw of the Police... Department., "to:: participate :.in..a.. Crime: Prevention Training Seminar__ at . Southern Police .Institute , ..University. o , :.Louis.ville.,.. Kentucky, Octo- aer 3 to_23 a cost .to. .the City .of .$2:74::'for.'travel &.- - inci . dental expenses, (L.E.A.A. funded program) ; ..and. Emil,;. Kissel .,of _ Parks • and Recreation ,Department to attend the Inter- ' national Northwest - .Parks_ and _Recreation Association ...Tr.ainingInstitute_ at Portland, Oregon, on September 30 and October 1., 1971; and for Public' Works ...Director .,: Frank. Stein..; to make- a one -day trip... to Portland, Oregon,. on .September :30:, 197'1, to obtain .material.. for the dedica- tion of the ..Water... Treatment Plant.; it . was MOVED by Lamb seconded by .Lust_, that said travel be authorized with...the_.requested expenses "paid: ..carried, - ..Brown., .Keith Lambert, Lar- son, . Lust, - McNeice _,and ..Robinson:... voting -: aye . by voice vote. - City Manager McMicken reported that 'he will be absent from the City Thursday,• Friday and Saturday of this week , to attend the X ; C e M> A :- Semis far on - -Mar agifiq -Hu • . r Councilman Brown asking to be excused from the next meeting of September 27,•1971, it was MOVED by McNeice_, seconded. by. Robinson that he be excused: carried, Keith Lambert, Larson, 0 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.:10 : carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by. _voice ..vote . • READ. AND CERTIFIED. ACCURATE.. BY_ . -W_ DATE / // COUNCIL / 11 / 1 .. / jeAV DATE 7 COUNCILMAN ATTEST: - e _ l . ,,,, , • ,,,.., C Y C L E R K M A Y O R • • 01 , ' . c J r • • ■