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HomeMy WebLinkAbout01/03/1972 Special Meeting / Regular Meeting 297 JANUARY 3, 1972 MINUTES OF SPECIAL MEETING YAKIMA CITY COUNCIL JANUARY 3, 1972 Pursuant to a call by the Mayor, a special meeting of the Yakima City Council was held at 1:30 P.M., at the Southeast Yakima Community Center, 802 East Washington Street, Yakima, Washington, for a tour of Southeast Yakima Community Center under construction. Councilmen present at the meeting were: Mayor Larson,•Wray Brown, Lenore Lambert, James — Lust, pOn McNeice and Walter Robinson. Also in attendance was Councilman -elect Don Schus- sler. Others in attendance were City Manager McMicken and Administrative Assistant Jim Williams. After the tour, and there being no formal business conducted, the special meeting adjourned at 3 :00 P.M. • REGULAR MEETING - MONDAY, JANUARY 3, 1972 - 3 :00 O'CLOCK P.M. The City Council then met in regular session at the hour of 3:00 P.M. Mayor Larson, Coun- cilmen Brown, Keith, Lambert, Lust, McNeice and Robinson, City Manager McMicken and City Attorney Andrews were present on roll call. • The Invocation was given by City Manager McMicken: The minutes of the regular meeting of December 20, 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. City Manager McMicken introduced the matter of Petition No. 727, Notice of Intention to Commence Annexation Proceedings, having been filed on December'24, 1971, by Douglas and Cecelia A. Gordner, requesting annexation of property at 1805 Grant Street, and it was MOVED by Robinson, seconded by. Brown that this be set as the time for a meeting with the initiating parties who signed the Notice'.of Intention to Commence Annexation Proceeding. dated December 24, 1971, those initiating parties being Douglas and Cecelia A. Gordner: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote, , Mr. Gordner, being present: andcindicating: that he: is :willing-t.o assume his_ share of. the City's existing indebtedness, it wasdulyimoved, seconded and passed the annexation proposed by petition no,. 727, :(Notice: of Intention :to CommenceAnnexa .tion 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 : of" Intention_ to?Annex• be filed with the Yakima County Review.:Board. The above MOTION was:made:by Robinson:,_•seconded by Lust: and :, c a rr i e d, . Brown, . Keith, ,Lambert; , Larson•; Lust-; McNeice-• and Robinson aye : by voice - vote . This being the time fixed for the continuation of a Hearing on the appeal from the Planning Commission.'s decision. to:deny.the;:Rezone. Application. :filed - :by the Washington Company'.of.. Jehovah's Witnesses, Inc., requesting rezone of property situated at 112 W. Nob Hill Bou- levard, Planning Director, Jay Otto, explained that the applicant has requested that the property be rezoned from R -2, Two - Family Zone, to B- 1,.Modified Business Zone or B -3, Gene- ral Business Zone, in order to permit the existing church structure to be used as a food testing laboratory by the U.S. Department of Agriculture. He further explained that the - Planning Commission has denied the request, because to rezone the property would allow any type. of business use and:would.not. restrict the use of this property. Mr.:Otto indicated- . that, since. the time of the. appeal':and• in accordance :with action taken atr.the'November 29, 1971 Council meeting., the appl.icant:has :applied for a Special Property Use Permit from the Board of Adjustment for the U.S. Government to occupy this building and that the Board of Adjustment unanimously approved the grant of this "Special Property Use provided it was limited to this particular use and is confined entirely within the structure and they re -' commended that the off - street parking be.screened.from' the neighboring:residentiarl district with landscaping of sight- screen fence. The applicant not being present to state their decision as to; whether they .would withdraw•their. appeal on the matter of rezoning, it was MOVED by Lambert, seconded by Brown that this Hearing be continued for one week or until January 10, 1972: carried, Brown,'Keith, Lambert;;Larson, McNeice and Robinson voting aye t by 'voice vote.:. ' This being the time. fixed for a Hearing on the Rezone Application filed by, Archie G. Hill, requesting rezone property situated at 406;:408 and 410 North: -23rd Avenues Planning ^Dig= . rector, Jay Otto explained that this.request.was before the Planning.Commissi on to' correct an error in ;'adver.tising' of. the original hearing notice :of November - 10 - , :1971, the - legal de scription which contained: 402x, and : 412 : North: 2 3rd, Avenue and 401 through 411 :. Nor.th 24thr , , Avenue and omitted 406, 408 and 410. North 23rd Avenue r; _Mr. Otto reported that: the:- Planning Commission recommends approval of rezoning this property from R -2, Two- Family, to R -3, Multiple- Family Zone for the'.reasons• - that such rezoning is in accord w•ith'good planning • and with .the.• General:. Plan. of the._ City of; :Yakima:; _ that.. the _ maj of_ prop.ertyr owners -_ in the vicinity do not oppose the change in classification;:. that the. needs of:: thet City and,' community do require such change and that the highest and best use of said property is for Multiple- Family Zone. After due discussion, it was MOVED by Brown, seconded by Robinson that Ordinance No :. _ 1366 accepting the._recommendation of_ the Planning Commission'. and re -- - zoning' said property: from R- 2,- Family. Zone ;c,to R -3; .Mul.tipe- Family Zone,:be passedr as read:.)carried, Brown,.. Keith; Lambert, Larson,_ Lust ; - McNeice: and Robinson voting aye' on_ roll call. .- • - - - r _ _ ..- _.. : _ ORDINANCE NO'. 1366'; AN ORDINANCE. accepting ..therecommendatidn.of the Planning Commission and rezoning certain property situated at 406, 408 and 410 North 23rd Avenue, in the City of Yakima, Washington, from R -2, Two- Family Zone, to R -3, Multiple - Family Zone._ This being the time fixed . for: a Hearing. on.. Rezone Application: filed by: Darryl Safeway Stores, Inc., et al, requesting rezone of property situated southwest.of"the•inter- section of Nob Hill Boulevard and South 16th Avenue, Planning Director, Jay Otto discussed this matter together .with- Petition - 719, t f fled by: Darryl H: Jones', Safeway _Stores,'. Inc. , et al, requesting Vacation of a..portion of 17th Avenue.. Mr Otto the • - o_-- - _ . _ . • ; .: — • — ._ -_ c ,) - - : 2 - ' _: • - ,. . • 298 JANUARY 3, 1972 Planning Commission has recommended approval of the preliminary plan for a commercial plann -. development which would include a Safeway Store and a specialty shop area, with additional footage indicated as future addition for specialty shops. He further explained that off - street parking for the development totals 210 spaces. Mr. Otto indicated that the commer- cial development would necessitate the vacation of approximately 334 feet of South 17th Avenue immediately south of the intersection of South 17th Avenue and Nob Hill- Boulevard and the providing of alternative locations for all existing utilities. Mr. Otto further - explained that the petitioner has complied with all of the.-requirements of the utility de- partments and have complied with all of the Planning Commission and Planning Staff's re- quests with the exception of one item, the dedication of right -o'f -way on the south side of Nob Hill Boulevard and South 16th Avenue in order to permit two-way left turn lanes, and the planning for improvement of the street on the - property occupied by the Shell Oil Compan Mr. Otto indicated that the developers are attempting to solve this problem at the present time. Persons present and speaking to this matter were Messrs Carlton, Boone, West and J. S. Applegate, representing Safeway Stores, Inc., Ron Cameron, Architect and Miss Mar - guerite Hackett. A Mr. Cline and Mr. Leon Jones spoke on the matter of an alley being lo- cated between South 16th and South 17th Avenues. It was informally decided that a dedicate. alley does not exist. City Manager McMicken asking that this matter be continued until the completion of the dedication and final resolution of the problems relating to improvements of right-of-way, it was MOVED by Robinson, seconded by Lambert that the Hearing on Rezone Application filed by Safeway Stores, Inc., et al be continued for one week or until January 10, 1972: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. It was then MOVED by Robinson, seconded by Keith that the Hearing on Petition No. 719, filed by Safeway Stores, Inc., et - al, requesting said Vacation, be continued for one week or until January 10, 1972: carried, Brown, Keith., : Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. This being the time fixed for a Hearing on Petition No. 722, filed by Dan Davis Corporation and John Noel, Jr., requesting Vacation of the alley adjacent to Rainier Street, Planning Director, Jay Otto, explained that the north -south alley represents the dividing line be- tween a M -1, Light Industrial Zone on the west and a R -3, Multiple- Family Zone on the east. He further explained that existing utilities are an 8 -inch sewer line and an irrigation line.. Mr. Otto indicated that the Planning Commission recommelAded'at its December 7, 1971 meeting that the alley vacation be approved provided: (1) existing utility easements be reserved, (2) that dedication of two alley right -of -ways to South Naches Avenue be made subject to design approval by the Traffic Engineer, and (3) that the design be approved by the Fire Department. He further indicated that the reson for alley vacation request is to permil maneuvering of Associated Grocers trucks and to permit fencing for security. Mr. Otto re- ported that a letter presenting the dangers of the proposed vacation has been received by the Planning Commission from Mrs. Frances L. Arnold, and Mr. and Mrs. Ben Chandler, three property owners in the vicinity of said alley, and that the City Council has received a letter from Associated Grocers indicating, their compliance to the requests of the property owners. Mrs: Arnold and Mr. Chandler, being present, voiced their objections to the vaca- tion of the alley as shown in their letter of record. Mr. Tom C. Wiitala:'and Mr. AlbertcL. Harrison, representing Associated Grocers indicated that they would give every consideratio to their neighbors requests and are in the position to immediately carry them out upon the passing of this alley vacation. After due discussion, it was MOVED by Lambert, seconded by McNeice that an ordinance vacating said alley be passed.as read. Planning Director, Jay Otto, explaining that we still do not have the signing of the dedication, it was MOVED by Keith, seconded by McNeice that this matter be continued for one week or until January 10, 1972: carried, Brown, Keith, Lambert,.Larson,.Lust, McNeice and Robinson voting aye by voice. vote. This being the time fixed for a Hearing on the matter of amending Title "12" of the Yakima Municipal Code, it-was MOVED by Brown, seconded by Robinson that Ordinance No. 1367 relatin• to zoning and amending the Yakima Municipal Code, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. City Attorney Andrews explained that the proposed amendments would expedite the procedure for initiating rezone applications_and conducting public hearings thereon without jeopardizing the opportunity for all interested persons to be publicly heard on any proposed rezoning, and that the pro- ' posed amendments comply with applicable state laws. ORDINANCE.NO 1367, AN ORDINANCE relating to zoning; providing for the proposal of amend- ments to Title 12, "Zoning ", of the City of Yakima Municipal Code; requiring a notice and hearing, and specifying the time for a hearing, by the Planning Commission on any such proposed amendment; and amending Sections 12.76.020, 12.76.040 and 12.76.050 of the City of Yakima Municipal Code. In accordance with action at the previous meeting of December 20, 1971, and an ordinance having been prepared, it was MOVED by Robinson, by Keith that Ordinance No..1368 relating to City government administration,'creating a Park and Recreation Commission and amending the Yakima Municipal Code, be' passed es read: carried, Brown, Keith, Lambert, Lar- son, Lust, McNeice and Robinson voting aye on roll call. . ORDINANCE NO. 1368, AN ORDINANCE relating to city government administration; creating a Park'and Recreation Commission and specifying terms of office; and amending Subsections 1.18.196 (2) (a)..and (2) (b) of the City of Yakima Municipal Code; and declaring an emergency An Ordinance appropriating $75,000 within the Cumulative Reserve Fund for Capital Improve- ments and transferring that amount to the Arterial Street Fund, having been read in its entirety on December 20, 1971,.and being read by Title only at'this meeting, it was MOVED by Keith, seconded by Brown that Ordinance No.,1369:appropriating $75,000 within the Cumu- lative Reserve Fund for Capital Improvements and transferring that amount to the Arterial Street Fund, be passed as read: carried,_ Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call.. Discus-sion.brought out that this amount is needed for _ payments under. U.A.B. projects and to _repay temporary loans. ORDINANCE NO. 1369, AN ORDINANCE appropriating the amount of f $75,000 within 382- Cumulative Reserve Fund for Capital Improvements and transferring that amount - from that fund to 143 - Urban Arterial Street Fund. It was. MOVED by Robinson, seconded by Keith that, Ordinance No. 1370 relating to the multipl: dwelling unit transit subsidy tax and amending Ordinance No. 1336, passed September 13, 1971, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. City Attorney Andrews explained that this ordinance is necessary to delete the necessity of notarizing the written statement specifying that an occupance rate is less than 90 per cent. 1 299 - JANUARY 3, ORDINANCE NO:•1370,'AN ORDINANCE relating .to the multiple dwelling unit 'transit -subsity tax levied by the City'of Yakima; specifying the manner_of'computing'such tax; amending 'Section 4 of the City of Yakima Ordinance No. 1336, passed September 13, 1.971', entitled "AN ORDI- NANCE relating to the'operation of the public transportation system'of the City of Yakima; levying and providing for the collection a multiple dwelling housing unit transit sub - sidy tax; specifying a method of computing such tax; limiting the use .of proceeds from such tax; and declaring it to be unlawful to refuse to pay said tax and providing for punishment on conviction thereof "; and declaring an emergency. City Manager McMicken reported that from time to time the City has discussed a regional crime information center, which is a sophisticated grouping of our Record Bureau on compu -. tees which will contain recall of eventual transmission to mobile units:in the field. He further reported that this center is also linked up'to other networks through the Eastern part of the state and..the information is forwarded back to the'F.B.I. Mr. McMicken indi- 'cated.that the City wants to get a and Justice grant,to*fund this program, but in order to apply for one, data and professional assistance is needed in preparing'the.application. He explained the Police Department together with'the Sheriff's office have interviewed and selected Computech Corporation - -to do this job for $2,000 to be shared equally-between the City -and County. Mr. McMicken explained further that the crime information center idea ties in with the current study on joint occupancy for City Hall, so the matter is timely. Mr.. McMicken reviewed the benefits associated with the regional crime information center as outlined in the Memorandum of with Yakima County and Computech. Corporation. After due discussion, it was MOVED by Lambert, seconded by Lust that Resolution No. D -l783 authorizing the City Manager to execute said Memorandum of Agreement, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO.1D -1783, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Memorandum of Agreement with Yakima County and Computech Corporation for consultant services. City Manager McMicken referred the matter of authorizatibn.to a "Release and CO- venant Not To Sue" regardingAnti= trust meter litigation to City'Atto rney Andrews, who explained that in,ac.c.ordance with.action taken by the Council at the previous meeting of December •20; 1971, a Res olution has prepared' authorizing the execution :of..said. :_, "Release-and Covenant - Not To Sue i Mr.. Andrews gave a brief- history of`. the case and cated that there is a quandry as to whether - or not the City will be 'reinstated.; and as- suming that it will, be reinstated., the City "by signing this' document will be entitled to its share. He further indicated_ that the exact amount to be dispersed to any particular plaintiff cannot be computed until it is ascertained whether or not the City is still in a lawsuit'. After due discussion, it was MOVED.by Robinson, seconded by McNeice that Reso- lution No. D -1784 authorizing. City Manager to• execute said "Release - and Covenant. Not To Sue ", be passed as read:.. carried, Brown,. Keith, Lambert,. Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1784, A RESOLUTION authorizing and directing the City Manager and :City: Clerk of the City of Yakima to execute a "Release and Covenant Not To Sue" applicable to defendant. Hersey - Sparling Meter.'.Company in Cause .No. D- 69170GHB in the United States: Dis- trict Court for the Northern District. of -California.. .. _ .. : _ _ City• Manager' McMicken reported. that.• the' preliminary site plan: Chas been approved for.: the.. - development of Washington Park, and that the City has negotiated, and brought back for. Council's consideration the further landscaping architectural services needed leading to-. the construction plan. Mr. McMicken further reported that the maximum limit of monies to spend on-this project is $14,898 and .that. the previous architectural preliminaryr.desig.nr - work will.be credited'against that fee.;as: is processed William:Hutsinpiller, Parks • and Recreation Director, affirmifg`.:the City Manager's computations, it was MOVED by Brown, seconded by Robinson that Resolution No. D- 1785'authorizing the City. Manager to execute a contract with Jongejan /Gerrard Associates, Inc.., for landscape architectural services for- development of Washington Park, be passed as read: carried, Brown, Keith, Lambert, Larson.,: Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO.- =:D =1785, A RESOLUTION'authorizing and directing the City Manager and City' Clerk of the City of Yakima to execute an agreement with Jongejan /Gerrard Associates, Inc., for landscape' architectural -sere -ices for'developinent:of)Washington Park. •• 7 •t.. City Manager McMicken referred to :. the_ matter.- of authorization to . execute an :agreement with Ron Cameron and Associates, A.I.A., for architectural services for constructing fire sta -- tions,: explaining that a committee of Councilman -elect Bill Whitaker, Fire Chief Matthew Young and himself made this selection. Mr. McMicken indicated that this committee in making its recommendation to the City Council, concludes that there are saving both in ar- chitecture and construction by doing Fire Station No.F.l± and Fire Station 5 together. He stated' that a , good_ share 'of: the preliminary design ,;phases . for one station. will be dupli , . cated for the second station; therefor, the "arch ites, time will necessarily be saved for those preliminary design hours. Mr. McMicken further stated that when we get into the bidding and awarding of the contract, it is Mr. Cameron's opinion where we have two sta- tions the same, there will be an advantage in bidding them together. Mr. McMicken indi- cated that the fee schedule talks about a fee of 9.5 per cent. However,•the agreement that we have here will,be_7.5.per cent if bpth_stations are to be developed at the same time, by the same architect with similar style and.-Materials. Mr. McMicken explained that we want to move ahead promptly on the 'engaging of the architect, because there is at least one option on the property of Station No. 1, which will be running out in a couple of weeks and the City wants to move on that site. After due discussion, it was MOVED by Brown, seconded by Robinson that Resolution No. D -1786 authorizing the City Manager to execute said agree- ment with Ron Cameron and Associates, A.I.A. for architectural services, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D- 1786,.A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Ron Cameron and Associates, A.I.A., for architectural services for constructing fire stations. • • City Manager McMicken reported that a.city•police was damaged.in the line of duty and rendered inoperable'so as to require immediate repair;that informal. bids were obtained by the City for such repair work and that there were additional items that were not included in the bids and found to be necessary as proceeds are made to the repair of the vehicle. After due discussion, it was MOVED by Robinson, seconded by Lambert that Resolution No. D -1787 authorizing the hiring of labor and purchase of materials without calling for bids • and repealing Resolution No. D -1729, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. G3oo JANUARY 3,' 1972 --' RESOLUTION NO. D -1787, A RESOLUTION authorizing -the hiring , of work the purchase of terials without calling for formal bids, and repealing Resolution No. D- 1729, adopted by the Yakima City'Council on October 4,.1971. - . - _ ' ' City Manager McMicken reported' that" bids' were received and considered by a'Bid Board on December 21, 1971, on the purchase :of eight City transit -type coaches as follows: ' General Motors Corporation $ 249,982.80' ' Twin Coach 248,438.40, . . . • • The Bid Board, after analyzing said bids and recommending that the. purchase of eight transit - type coaches made from GenerallMotors Corporation, who submitted the lowest and best bid, it was MOVED' by Robinson, seconded by Brown that the' recommendation of the Bid Board be ac- cepted and that the contract be awarded to General Motors Corporation, in the 'amount $249,982.80: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. City Manager McMicken explained that the analysis mad e by the Bid Board in- cludes the' availability of' parts•and - the time for delivery, and also appearance of the buses. - City Manager McMicken reporting - an offer to sell right of way property for Avenue improvements has been received from John C. "and Beverly J.'Wiese, it'was MOVED by Robinson, seconded by Keith that Resolution No. D -1788 authorizing the purchase of said right' of way property, be passed read: carried, Brown, Keith, Lambert, Larson,'Lust', McNeice and ' Robinson voting aye on.. m 11 call. ' RESOLUTION NO. D -1788, A RESOLUTIOn authorizing the purchase of right of way property for Mead Avenue improvements. .` City Manager McMicken referred to an off- the - Agenda • item, related to request for annexa- tion of property, filed by Douglas and Cecelia'A. Gordner earlier in the Agenda. Mr. Mc- Micken reported that Mr'. and Mrs. Gordner have also requested at this time a sanitary sewer service, because of'the time delay in'annexation. 'He further reported that if the property is annexed, they would be treated as "inside the'city, and if it failed, they would con- tinue to be served outside the City._ Mr. McMicken_explained there 'is - an existing 8- inch sanitary sewer available. After due discussion,' it MOVED by Lambert, se - , conded by Robinson that said Sanitary Sewer hookup request be approved with the signing of outside hookup agreements: carried, Keith, 'Lambert,' Larson, Lust, Ro- binson voting aye by voice vote. . Assistant Mayor, Walter Robinson, acting on behalf of the City Council, read Resolutions No. D- 1780, D-1781 D -1782 expressing appreciation and commending the outgoing: :Council mem- bers for their years of service. 'It was then MOVED by Robinson, seconded Brown that Resolution No. D -1780 expressing said appreciation and commendation to John M. Larson; be passed as read: carried, Brown, Keith, Lambert, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION D -1780, A RESOLUTION of appreciation.and commendation for the services per- formed by John M. Larson during his tenure as a member of the Yakima City Council. It was then MOVED by Robinson, seconded by Lust - that Resolution D- 1781 'expressing said appreciation and'commeridation'to Don W. McNeice, be as'read: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye on roll call. RESOLUTION:.NO...'.D 1781, A RESOLUTION of appreciation and commendation' for the:_:services per- formed by Don W. McNeice during his tenure as' a member of the Yakima City'Council." It was then MOVED by Robinson, seconded by Lust that Resolution No- .- -D- 1782 "said appreciation and commendation to Royal Keith, be passed as read: carried, Brown, Lambert, Larson, Lust, McNeice' and Robinson voting aye on roll call. - . - RESOLUTION NO. D -1782, A RESOLUTION of appreciation and commendation for the :.services per - formed by Royal Keith during his tenure as a_member of the Yakima - City Council - . -- - There being no further business to come before th"e Council, it was MOVED by McNeice:, se- - conded by Keith that we do now adjourn at the hour of 5:00 P.M.: carried, Brown, Keith, Lam- bert, Larson; Lust, McNeice and Robinson voting aye by voice vote. - " READ AND CERTIFIED ACCURATE BY , " DATE \" • '1 Z COUNCILMAN - • \ • I 0 1 ,, A ;��- ---UQ2 DATE �� 1 .C� — `i - -__ - -- ' COUNCILMAN ' ATTEST: . C I T Y "(-1-(--4•--/a-le--e-- ' C L E R K. M ' Y O R �9 4 :