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301
JANUARY 10, 1972 •
MINUTES OF SPECIAL MEETING :
• YAKIMA CITY COUNCIL . .,
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• ' _, t. JANUARY 10, 1972 - .
Pursuant to a call by the Assistant Mayor Robinson, a special meeting of the Yakima -City
Council was held-. at 1:45 P.M., in City Hall, Yakima, Washington.
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Councilmen present at the meeting were Assistant Mayor Robinson, Bert Broad, Wray Brown, -
Lenore Lambert, James Lust, Don Schussler and Bill Whitaker. Also in attendance were City
Manager McMicken,:City Attorney Andrews, Administrative Assistant Jim Williams and Jim
Bowers, Herald - Republic.
Discussion was held on appointments to Boards and Commissions. No decisions were made at
this meeting. - •
There being no further business, the special meeting adjourned at 3:00 P.M.
REGULAR MEETING - MONDAY, -- JANUARY 10, 1972 -.3:00 O'CLOCK -P.M: .
Bert Broad, Wray Brown, Don Schussler and Bill Whitaker, (Wray Brown incumbent) having been
duly elected to the office of Councilmen for four year terms on November '2, 1971, and the
Oath of Office having been administered. to them by Superior Court Judge Lloyd Wiehl• in the
County Court House on this date, are now duly seated as councilmen for the City of Yakima.
The City Council met in regular session at the hour of 3:00 P.M., Assistant Mayor Walter
Robinson presiding, Councilmen Broad, Brown, Lambert, Lust,. Schussler and Whitaker, City
Manager McMicken and City Attorney Andrews present on roll call: .
The Invocation was given by Councilman'Broad. ,.
The minutes of the regular meeting of- January 1972,.having been duly certified accurate
by two Councilmen, and no one present wishing to have said minutes read publicly, Assistant
Mayor Robinson declared said minutes approved as recorded. .
The next order of business was the election of'a Mayor and Assistant Mayor for the next
bienium. Councilman Whitaker submitted in nomination the name:of.Bert Broad for :Mayor.
There being no other nominations after due call, Assistant Mayor Robinson instructed the
roll call vote to be answered with the name of the person' for whom the Councilman is voting
and Councilman Bert Broad received the unanimous vote of the Council members; Broad, Brown,
Lambert, Lust., Robinson, Schussler and Whitaker voting for Mr. Broad. Assistant Mayor Ro-
binson Bert Broad has been elected Mayor for the.next two year term, turned
• the gavel and the meeting over to him. .
Councilman Robinson then stated that.fot-the past several years he has been acting in the
capacity =of - Assistant Mayor and reported that he will not be able to act in this capacity]
in the future. Mayor Broad then proceeded to call for nominations for Mayor. It
was MOVED by Lust and seconded by Robinson that Councilman Lambert be nominated for Assis-
tant Mayor. There being no other' nominations after due call, Mayor Broad called for the
roll call vote, and Councilman Lenore Lambert received the. unanimous vote of the Council
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members; 'Broad; -Brown i Lambert, Lust;. Robinson,- Schussler and all voting for Mrs.
Lambert. Mayor Broad then announced that Councilman'Lambert has been unanimously elected
as Assistant Mayor for the next two - year.term. -
This being the time fixed for the Hearing on the appeal from the Planning Commission's de-
cision to deny Application filed by Washington Company of.Jehovah's Witnesses,
Inc., requesting rezone of property situated at 112 West Nob Hill Boulevard, having been -
continued from January 3, 1972, for the purpose of contacting the applicants to see if they
wish to withdraw rezone request, since it was reported that the -Board of Adjustment had
approved the grant of. a "Special Property Use ",.Jay Otto, Planning Directo"r reported on
the matter: • • He stated-that he had again contacted the Attorney for the applicant, who re-
ported to him that since the applicant had been granted a Special Property Use Permit by
the Board of Adjustment, for the U.S. Department of Agriculture to use the existi-ngrchurch
structure as a food testing laboratory, that they are no longer interested in the rezone
and should be sending in a letter-stating this fact. Council members:accepting.Mr. Otto's
report of the applicants verbal statement that he is no.:lbnger interested in this rezone,
it was MOVED by Schussler, seconded by Lust that this matter be postponed indefinitely:
carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice
vote. . - : . .
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This being the•time fixed for the Hearing on the Rezone Application filed by Darryl H.
Jones, Safeway Stores, Inc., et al, requesting rezone'of property situated southwest of the
intersection of Nob Hill Boulevard and S. 16th Avenue, having been continued from January
3, 1972, along with the Hearing on Petition No. 719, also filed by Darryl H. Jones; Safeway
Stores, Inc., et al, requesting Vacation of a portion of S. 17th Avenue, in order to com-
plete matters re resolution of problems relating to rights of way, Jay Otto, Planning Di-
rector, reported'on these matters. He explained that the problem the previous week'-was -
primarily the lack of adequate pin- pointing•of the rights of Way on the south side of Nob
Hill Boulevard and west side of 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 '
Company. Mr. Fred Halverson, Attorney, was present to speak for Attorney J.S. Applegate,
representing the petitioners, andoreported' that everything necessary regarding the rights
of way has been done by his clients. City Manager McMicken expressed the appreciation•of
- • the Staff to Safeway and Marguerite and Will Hackett in working out the problems of rights
of way. He referred to an estimate prepared by the City Engineer's office which identifies
the project; rebuilding, redesigning and reconstructing of the intersection and the esti-
mated costs:of'the project and repotted 'that sufficient rights of way have been procured
for the intersection. :After due discussion, it was MOVED by Robinson, seconded by Schus-
sler that•Ordinarice:No. 1371 accepting the•recommendation of the Planning Commission and
zoning said property, be passed as read: carried, Broad, Lambert, Lust, Robinson, Schussler
and Whitaker voting aye on roll call. Brown not voting because ofa-conflict of interests.
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JANUARY 10; 1972
ORDINANCE NO. 1371, AN ORDINANCE accepting the recommendation of the Planning Commission
and rezoning certain property situated southwest :of the intersection of Nob Hill Boulevard
and South 16th Avenue in the City of Yakima,. Washington, from R -2, Two - Family Zone, and
B -2, Local Business Zone, to a Planned Development Zone.
It was then MOVED by Lust,• seconded by Robinson that Ordinance No. 1372 providing for the
Vacation of a portion of S. 17th. Avenue., be passed as read:'carried, Broad, Lambert, Lust,
Robinson, Schussler and Whitaker voting aye on roll call. Brown not voting because of a
conflict of interests. , • . • .
ORDINANCE NO. 1372,' AN ORDINANCE providing for vacation of a portion-of public-street. i
in the City of Yakima, Washington.
This being the time fixed for,the.'Hearing on Petition No. 722, filed by Dan Davis Corpora-
tion and John Noel, Jr., requesting Vacation of the alley adjacent to Rainier Street, havin•
been continued from January 3, 1972, in order to complete arrangements on the dedication an.
quit claim deeds for the replacement'of, Otto,: Planning•Director, explained
that all the necessary quit claim deeds have now been received and everything is in order.
At the previous meeting of January 3, 1972, it having been MOVED by Lambert and seconded by
McNeice to.pass an Ordinance for said'vacation,,and then the matter. was continued
to this date, Mayor. Broad called for the roll call vote on the Motion to pass Ordinance No.
1373 providing for said vacation and it carried, Broad, Lambert, Lust, Robinson, Schussler
and Whitaker voting aye on roll call. Brown not voting because of a. conflict of interests.
ORDINANCE, NO. 1373, AN ORDINANCE providing for the vacation of.a public alley in the City •
of Yakima, Washington.; . _
This being the time fixed for the Hearing on the Appeal from the Planning
cision to deny the,Rezone- Application filed by Mr., and,Mrs. Harry'L. Whitehead- and
C. Schlotfeldt, requesting rezone of property situated at 107 and 111 North Naches'Avenue,
Planning Director Jay Otto reviewed this matter referring tb._the Planning Staff report of
November 30, 1971, and the Planning Commission minutes of'December 7, 1971. He; explained
that the petitioners request the rezoning of three lots located approximately 150 feet
northeast of the intersection of North Naches Avenue and East "A" Street from R -3, Multiple
Family Zone to B -1, Modified Business Zone with the'intent to, construct an- ,office•.building,
on the southern portion of the site. He further explained •that',a similar request was made
to the Planning Commission and was denied in 1968 and that the factors governing the 1968
decision have not- substantially Mr. Otto stated that the Planning Staff and-the..
Planning Commission recommended the denial of, the rezone'for the following. reasons:_
1. 'The rezone would be inconsistent with the General Plan for the City of Yakima.
2. The proposal is',in direct opposition to concepts of the CBD Plan, which dis-
. courages the uneconomical sprawl of commercial development into •
areas of the Central Business District. . ' .
3. The rezone would nullify the positive effect on the 40 -foot parkway'of Ave -
nue'which creates:;a natural buffer between the commercial and'non- commercial uses
located'in this portion of the City. .- •
Mr. Perry Robinson, Attorney representing Mr. Whitehead and Mrs. Schlotfeldt, spoke on .
behalf of the•petition and explained what Mr:. Whitehead has iti mind the property, and
displayed a picture of the'proposed building Mr'. Robinson further,explained that Mr A .
Whitehead had attained:this- property with the idea'of taking the building -off, as it is not
feasible to reconstruct it as an apartment building: Mr. Robinson filed &petition etition with
the City Clerk signed by the remaining owners of the block bounded by Naches and 6th Stree t •
and A and B Streets, asking-that the entire block be.•changed from R -3'to B -1 Zone. He also
filed with the. City Clerk at this meeting, a letter' from' the' Council of the of Di.-
recta rs of Mall suggesting that it would be an improvement if this rezone app -- lication
were granted.' Also and - speaking in favor of the proposed rezone were Mr. Robert
Suver, Mr. Whitehead, and Mr.--Paiil.LaChance. Discussion by Council-members indicated
they felt that eventually there should be some change in -B -1 type uses for professional
fices and business offices' or at least suggested that-the Planning Commission should7con-
sider reviewing this matter.and possibly consider the'mixture of B -1 offices with the preseit
R -3 permitted• uses in areas such as this one, which is close to the Mall. - After due d-is- -
cussion, it was MOVED by Lambert, seconded by that Resolution No. D- i•789•affirmin'
the action of the Planning Commission and denying said rezone, be passed' as read: carried,
Broad, Brown, Lambert, Lust, Robinson and Schussler voting aye on roll call. Whitaker ,
voting nay on roll call. • -• - - •
RESOLUTION NO. D -1789, A RESOLUTION affirming the action of the Planning Commission in,.
denying the application of Harry L. Whitehead, et al, for the rezone of property situated
at 107 and 111 North Naches•Avenue in the City of Yakima, Washington,:from R -3, Multiple'
Family Zone, to B -1, Modified Business Zone. .
Councilman Lust excused at 4:.20 . .
This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 982,
16th Avenue and Lincoln Avenue Street Widening'project and there being no protests in
writing or otherwise, it was MOVED by Brown, seconded Schussler that Ordinance No. 1374
confirming said Assessment•Roll, be passed as-read: carried, Broad, Brown, Lambert, Robin-
son, Schussler and Whitaker voting aye on roll call. Lust absent. .. •
ORDINANCE NO. 1374, AN ORDINANCE confirming the-assessment roll covering-Local Improvement
District No. 982 as created and established by Ordinance No. 1283 of the Ordinances of the
City of Yakima. - '- - - .. .
It was MOVED by Brown,. seconded by Lambert that Ordinance No. 1375 relating to classifica-
tion plan and salary ranges for certain employees and amending the Municipal Code,
\ be passed as read: carried,. Broad, Brown, Lambert, Robinson, Schussler and Whitaker voting
aye on roll call. Lust absent. City Manager McMicken stated that there are -a few changes
from the previous year and explained these in'detail: He reported that several positions
have been eliminated, two in connection with the change of the Data Processing Program, wit
most of the equipment and personnel being moved across the street to the Court House; the
position of Personnel Technician has been changed back to Clerk -Steno III; and the new ones
added are in connection with the P.E.P. program. Mr. McMicken further stated that one po-
sition has received a raise, that of a Parks Maintenance man, that the Union had concurred
and the proper filing of this Ordinance ten days in advance of this meeting has been done.
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JANUARY 10, 1972
ORDINANCE NO. 1375, AN ORDINANCE relating to a classification plan and salary ranges for
certain city employees; amending Subsections .(a):, .(b).;. :(c),. (f), (h) and (j) of Section
2.20.100 of the City of Yakima Municipal'Code; and...declaring an emergency.
An Ordinance loaning $65,000 from the Water -Sewer Fund and appropriating $65,000 to the Fire
Capital Fund, having been read in. its entirety at this meeting; :.was• laid on: the table for
one one week or until January 17, 1972. City. :Manager McMicken:explained :that this.Ordinance :
authorizing a temporary loan and appropriating monies, is necessary to allow the City to
III purchase certain property for -a fire :station site.. ,_. . . • .
City Manager McMicken explained that:'it.;is necessary to purchase:pr.operty fora fire sta-
tion site and that the Fire Chief and architect, R.S. Cameron are recommending a site for
Station #1 at the northwest corner_of Front:and'D Streets He.'furthereexplained that :Gene
P. Mayer, owner of the proposed si :te :has. offered to: sell _ it for_ $45, 000i and our agent, ,
George Lemon, has appraised - the- property..fand-'has :indicated that =.this price is. justified.
Mr..McMicken explaining that it is necessary to exercise an option with Mr Mayer on this.
date and recommending the acquiring of the proposed site, it was MOVED by Robinson, secon-
d ded by Lambert that Resolution No. D -1790 authorizing the purchase of said-property for a
fire station site, be passed as read.carried,.Broad,'Brown, Lambert:, Robinson., Schussler.'
and Whitaker voting aye on roll call. Lust absent.
• RESOLUTION NO. D -1790, A RESOLUTION'authorizing the purchase.by the :'City;of real
for a fire station site. _• : - . _ ,._, - : •
City'Manager McMicken explaining.that•Fire Engine No. 3 was damaged in the line of duty .
and incapacitated so as to require immediate repair and :authorization be
given to have this repair work done without calling :for - b.ids, it'was MOVED by Robinson,
seconded by Whitaker that Resolution No. D -1791 authorizing the hiring of labor and pur-
, chase of materials to repair Fire Engine No. 3 without calling for bids, be passed as read:
. carried, Broad, Brown, Lambert, Robinson,. Schussler :.and - aye on. call:
Lust 'absent. _ - :• -
RESOLUTION NO. D -1791, A. RESOLUTION. authorizing. the hiring of . labor - and purchase'of ma-
terials to repair Fire Engine'No. 3 without calling for bids.
City Manager McMicken explained that Claude S.-Willi d/b /a Slurry. Seal of Southwest
ington performed street maintenance work for the City of Yakima and. also for the Town of
• Selah which work was not satisfactory, so as.to: :constitute a breach of - contract for c
maintenance work. He further explained—that efforts toiadjust:.tand.settle claims against
the contractor have been unsuccessful so that the:commencement: ! a•law suit is. necessary '
in order that recovery may be made, and recommended that authorization be given to commence
said law suit. After due discussion; it -was MOVED -by Brown, seconded by Robinson that 1
solution No. D -1792 authorizing commencement .of:saidmlaw :suit.by.the City ofHYakima as a
joint plaintiff .-with the Town :of. , Selah., :.be passed . as read: . carried : Broad, Brown, . Lambert;
Schussler ' and Whitaker voting aye on roll call. Robinson: not voting: Lust absent. • r.
s. -!
RESOLUTION NO. D -1792, A RESOLUTION authorizing commencement of a law suit by the City of
Yakima, as a joint plaintiff .with the •Town:'of Selah.; . against. Claude:_S.: Willis, d/b /a • ' -
Slurry Seal of Southwest Washington, and the Travelers'Indemnity'Company.
City Manager McMicken explaining that in-connection With contemplated improvements'to - '
Mead Avenue, Offers to Sell have•been received from Bonita Torres and Boyd.R. Margaret
L. Shaddox and recommending the purchase of said property, it was MOVED by
ded by Lambert that Resolution No. D -1793 authorizing the purchase of said: right of way
property, be passed as .read : carried; - :Broad.:, Brown Lambert, - .Robinson'; Schussler and. Whit-
aker voting *aye on roll call. Lust,:absent - _.-. - _- _ :. . _ . :.. •
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RESOLUTION NO. D -1793, A RESOLUTION authorizing the purchase of right.of way property for
Mead Avenue improvements.
City Manager McMicken.referred to.an.off- the - Agenda item; that:of,,a Bid Summary received
on this date, and explained that.bids have beenr.receved and considered by a Bid Board on •
January 5, 1972, for the construction of L.I.D. No. 984, SnokistGrowers and St. Elizabeth*
Hospital Domestic Water and Irrigation projects as follows:
•DeBlasio Construction Co„ Inc. • : • : . $25,504.50., •
A. V. DeBlasio, Inc. 28,128.19
The City Engineer recommending the awarded to DeBlasio Construction Co.,
Inc., in the amount of $25,504:50, who the lowest and:best bid,'it was_MOVED by
Robinson, seconded by Schussler that the recommendation of the City Engineer, be accepted
and that the contract be.awarded to.DeBlasio Construction Co., Inc., in „the amount of
$25,504.50, and that the City Manager.be'authorized to.enter into a contract with said.con-
tractor upon the filing of the.pr`oper bond and insurance: carried, Broad, Brown, Lambert,..
Robinson, Schussler and Whitaker voting ,aye by - voice vote. 'Lust absent. - • __
It was MOVED by Robinson, seconded by:Brown' that ^an Ordinance be; prepared- fixing the salary
of the Mayor and amending the Yakima Municipal Code :.carried, Broad,,Brown', Lambert, .Robin—
son, Schussler and Whitaker , v,oting.aye - by voice vote. Lust absent:-..: .
There being no further business to'come before Council,.it was..MOVED*by Whitaker, .
S"”.
seconded by Robinson that we do 'now adjourn; at - the 'hour'of '5:10 "P.M: : Broad, '
Brown, Lambert, Robinson, Schussl = r and Whitaker voting,aye_by voice vote. _Lust•absent.-
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READ AND CERTIFIED ACCURATE BY �.....::,� y- � DAT �
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ATTEST: .
C I T Y CLE R K =" M A Y�-0 R_ . • •