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HomeMy WebLinkAbout09/25/1972 Special Meeting / Regular Meeting 43$ SEPTEMBER 25, 1972 MINUTES OF SPECIAL MEETING YAKIMA CITY COUNCIL SEPTEMBER 25, 1972 The City Council met in special session pursuant to due notice at 1:30 P.M., September 25, 1972, in the Conference Room at Yakima City Hall. • Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Jim Lust and Bill Whitaker. Also present were City Manager McMicken and City Attorney Andrews. The City Manager made announcements to the Council of various coming events including an AWC District meeting in Sunnyside on October 24, 1972, and including a field trip to be taken by Council members next Monday, October 2, 1972, to convene at the Chalet Mall at 1:00 P.M. for the opening of a branch of the Regional Library. The Council discussed the proposed transfer of ownership from the State to the City of the Freeway Lake for park purposes, and the Council authorized the City .Manager to send a letter to the State advising of the City's attitude about accepting such transfer. The City Manager reported that financial consultants are being interviewed for the proposed convention center. The status of that project was reviewed. . - Federal revenue sharing with local governments was next discussed, and the City Manager reported to the Council on prospects for the City's receipt of federal funds by this method. The special meeting adjourned at 3:00 P.M. REGULAR MEETING - SEPTEMBER 25, 1972 - 3:00 O'CLOCK P.M. The City Council then met in regular session at the hour of 3 :00 P.M., Mayor Broad presidin• Councilmen:Brown, Lambert, Lust and Whitaker., City Manager McMicken and City Attorney Andrews present on roll call. Councilmen; -' Robinson and Schussler absent on roll call. Councilman Robinson having been excused at a previous meeting, it was MOVED by Brown, seconded by Lust that Councilman Schussler be excused; carried, Broad, Brown, Lambert, Lus and Whitaker voting aye by voice vote. Councilman Schussler was present after -3:30 P.M. The Invocation was given by City Manager McMicken. The minutes of the regular meeting of September 18, 1972 and the special meeting of September 22, 1972, having been duly certified accurate by two _Councilmen, and no one present wishing to have said minutes read publicly, Mayor Broad declared said minutes to be approved as recorded. Councilman Schussler present after 3:30 P.M. This being the time fixed for the Hearing on the Appeal from the Planning Commission's denial of Application for Rezone, filed by Delmar and Beverly Jean Edler, requesting rezone of property located at 66 West Mead, Dick Hill of the Planning Department spoke to this matter giving the background information on this request. He discussed the Staff Report , and the Planning Commission minutes of August 1 and September 5, 1972, in which the history of the 'annexation and rezone request was reviewed in detail. He showed slides of the pro- posed site and surrounding area and reported that the Planning Staff and Planning Commissio recommended denial of this request for the following reasons: 1. The staff does not consider the site a desirable location for an industrial location nor acceptable site for an industrial planned development, nor a logical or desirable extension of the adjacent M -1 Zone. 2. The proposed rezone is in direct conflict with the General Plan. 3. The use of the Planned Development Zone would be in direct conflict with the intent and purpose of the zone and would, in effect, be a circumvention of the zoning ordinance. Mr. Morrie Shore, Attorney, representing the petitioner, spoke in favor of the rezone application. He presented architects' drawings of the proposed development of the site and explained that his client's business was primarily a mobile fleet service and that there would be very little truck traffic as he goes to the trucks in need of repair. He further explained that the granting of this rezone would allow his client to construct a building to house his activities which are now out in the open and would be an asset to the neighborhood rather than a detriment. Mr. Shore stated that there have been no objections expressed by the people in the neighborhood. Mr. Brewer, a neighboring property owner, spoke in favor of the rezone application stating that Mr. Edler has really cleaned up that property and made it an asset to the neighborhood. After some discus sion by Council members, it was MOVED by Whitaker, seconded by Lust that the MOTION requesting a rehearing by the Planning Commission of the rezone application filed by Delmar and Beverly Jean Edler be passed as read. Councilman Lambert indicating that she feels that the matter should be considered further because not all the Commission members were present at their Hearing and the vote of 3 to 2 denying the rezone was a very close vote. She also stated that in this area between the City and the county boundary, that the surrounding area has had quite a successful cleaning up and it would be an undue hardship for the property owner to have to relocate his business. Mayor Broad concurred. Councilman Brown indicated that he feels that there should be some Planned Development in the rezone plan and, in referring this matter back to the Planning Commission, that there should be a message to them indicating that the Council may be in favor of the M -1 zone if the petitioner indicates that he will build only what he is requesting, as an M -1 zone does cover other things that may not be as desirable. After due discussion, Mayor Broad called for the voice vote on the MOTION requesting a rehearing by the Planning Commission and it carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent. 439 • SEPTEMBER 25, 1972 , • MOTION, A MOTION requesting a rehearing.by the Planning Commission of a- rezone application filed by Delmar and Beverly . Jean Edler.' . • This being the time fixed ,for -the Hearing on, the. adoption ,of . : the ' ,Airport Plan and amending the General Plan,.,Ray Sturtz of .the Planning Department 'reviewed the Planning Staff and explained that the proposed Yakima'AirTerminal Plan Maprprovides a graphic guideline for future improvements of existing Airport Facilities and provides for future facilities to accommodate projected aviati.on.grow He also stated that the airport does have problems and referred to a noise impact. map that was taken - out of the text .of the Municipal Airport Plan completed. in ,October of 1970 by the - Planning Staff. Present and speaking in favor of the adoption by the Council of the Yakima Air Terminal Map?, were Mr. Pete Terrett -and. Mr Bob Rankin, speaking -on behalf ; ,of the, .Greater. Yakima Chamber of Commerce. Also speaking to this matter.was Mr... McAllister„ —Councilman ,Councilman Whitaker asked if the F.A.A. has given - approval of this map. Airport Manager, Jim Eakin, explained that the map will be submitted to the F.A.A. �afaer .it has been . approved,.,by;,,the City Attorney -Andrews stated that if the .Council is planning,.to,_adopt, the . Plan map, • without any reference to the smaller noise impact map attached, the Resolution can be adopted as it has been.prepared, but if they plan.to refer to the noise impact ' will have to be rewritten. Council members'indicated that•they feel the matter of the noise impact area map should be studied further. It was MOVED by Brown, seconded by • Whitaker that Resolution No. D -1933 amending the General.Plan by,adding a supplement thereto a Yakima.Air .Terminal General Plan, be passed as.read: carried, Broad, Brown, Lambert,.Lust, Schussler and'.Whitaker voting .aye .on roll :call. Robinson absent. - RESOLUTION NO. D -1933, A RESOLUTION amending the General Plan for the City of Yakima by adding as a supplement.thereto.a Yakima Air Terminal General.Plan. . . .. This being the time fixed for.the_Hearing on the Yakima Avenue Grade Crossing,Plan, Jay Otto, Planning Director, reviewed the Staff Report from'the Department of Planning.and Community Development, which indicates that this plan is much the same as the Lincoln and B grade crossings presently- under construction; however, in addition to the installation of rubber crossing pads, new concrete curb and gutter, sidewalk and.asphalt.concrete road- way will be included, .as well as numerous .street trees' and landscaped planter areas.. He stated.that the Yakima Avenue Grade Crossing Plan is.an excellent example of implementing .those proposals.contained in the CBD Plan, and that in accordance with the recommendations of the Planning Commission, _Parks .Commission and .Street Tree Committee,.the staff recom- mends approval of the - Yakima AvenueGrade. Crossing .Plan as presented. Mr. Gordon Wonder, -whose property is .on Yakima.Avenue at the proposed grade crossing area, requested that the street not be closed. Council•members and staff indicated that they would make every effort to keep these,busine.sses open as much as possible. Mr.. Bill Brinkley also spoke to • this matter. .After due discussion, it was MOVED by.Lust, seconded by- Whitaker that the - hearing be closed and the plan as presented by the staff be adopted: .carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote.. Robinson absent. Petition No. 741, having been•filed with the City Clerk on.September 19; 1972, by Allan A. and Beatrice Hart, requesting annexation ,of property located :on the west side of •Ledwich Avenue between Mead' Avenue. -and King Street, , it was MOVED by Lamb,ert,. ,seconded by Brown that the Petition for Annexation filed'by. Allan - and Beatrice Hart,, being. Petition No. 741, be approved as meeting the requirements of,law;,,that said Petition be referred to the City Manager and Planning Commission for study and recommendation; and that.Tuesda.y"," October 10, 1972, be set as the date for a public hearing by the City Council on this Petition: carried, Broad, Brown, Lambert, Lust, Schussler, and Whitaker voting aye by' voice vote. Robinson absent. - • Petition No. 757, having been filed with the -City Clerk,on•September 21, 1972, by. Paul D. Edmondson for property owners-in the v t, icinity .of, -Wes Yakima, Avenue, • r-,equesting : reduction of the speed limit, it was MOVED by'Lust,. second,ed Schussler.,.that said ..petition be, referred to the City Manager and Staff ;f,or study,,and recommendation carr.ied, .Broad, Brown, Lambert, Lust, Schussler and Whitaker.voting -aye by.voice vote. Robinson absent. Mr. Edmondson being present, City Manager McMicken informed him that..it will be necessary' to get a traffic count and report which will be brought back to the Council in approximat= ely three weeks and that he will be informed when the matter will be brought back;for Council action.. It was MOVED by Brown, seconded by Whitaker that Ordinance No. 1444 repealing Ordinance No 1410 passed by the Council May 22, 1972, pertaining to the acquisition of real property for the enlargement and improvement of Miller Park, be passed as read: carried, Broad, Brown, Lambert, Lust,- Schussler and Whitaker aye,on roll call. Robinson a!•sent.. City Attorney Andrews explained that this matter has been settled and recommended the passage of Ordinance No. 1444. repealing Ordinance No. 1410. ORDINANCE NO, 1444, AN ORDINANCE repealing City of Yakima Ordinance No. 1410 passed by the Yakima City Council May 22, 1972, pertaining to the acquisition of real property for the enlargement and improvement of Miller Park. City Manager McMicken referred to the matter of authorization to execute a TOPICS agree- ment for construction of improvements to the Yakima railroad crossing, explaining that this covers 90 per cent payment on the improvements. After due discussion, it was MOVED by Whitaker, seconded by Lust that Resolution No. D -1934 authorizing the execution • of a•TOPICS agreement for construction of improvements to the Yakima Avenue railroad cross ing, be passed as read: carried, Broad, Brown, Lambert, Lust, Schus.sler and Whitaker voting aye on roll call. Robinson absent. RESOLUTION NO. D -1934, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima, to execute an agreement with the State of Washington pertaining to ' improvement of the Yakima Avenue railroad crossing. City Manager McMicken referred to the matter of authorization to apply for Federal Grant for Freeway'Athletic Park and explained that it is now appropriate to prepare for submit- ting an application for Grant to qualify for funding. He read a letter from Charles R. ,Lyon, representing Freeway Properties regarding the Gibson Packing Plant and reported that part of the cost lies in what the disposition is going to be. After due discussion, it was MOVED by Brown, seconded by Lambert that Resolution No. D -1935, authorizing applicatio. AA • 440 • SEPTEMBER 25, 1972' for funding assistance for the Freeway Athletic Park, be passed.as read: -.carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. • RESOLUTION NO. D -1935, A RESOLUTION authorizing application for funding assistance for an outdoor recreation project to the Interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act and the $40,000,000 Outdoor Recreation Bond Issue of - 1968. IIH City Manager McMicken referred to the matter of authorization to 'sell surplus busses:-by negotiated sale, explaining that by Resolution No. D91896,•ado'pted July 17, 1972, certain vehicles and equipment owned,by the been declared surplus property and authorized to be sold at public auction and by Resolution D- 1917, adopted_August certain of these vehicles and were sold'by negotiated sale, and that it now seems advan- . tageous to dispose of the balance of the equipment'by negotiated sale. After due discus, - sion, it was MOVED by Lust, seconded by Lambert that Resolution No. D- 1936• authorizing •the sale of said surplus vehicles and equipment, be,passed.as read:. carried, Broad, Brown, Lambert, Lust, Schussler and' Whitaker.vot aye on roll call, Robinson absent. • RESOLUTION NO. D -1936, A RESOLUTION authorizing the sale and equip- ment owned by the City. 0 City Manager McMicken referred to matter of the effect upon the City of revenues, should the operation.of State liquor Stores be'turned'over to private enterprise(Ini_tia- tive 261 on the November ballot) reporting that the Association of Washington Cities has given information regarding what the passage of Initiative 261. would .do to cities across the State, mainly it would remove . a source of revenue that has been available for some time. Police Chief LaRue stated that he feels that the sale of '"liquor' 'by' private enter - prise would cause more problems. After some discus-sion,on this matter, it was MOVED by Lust,'seconded by Whitaker that a Resolution opposing Initiative 261 be prepared for Council action: carried, Broad, Brown, Lambert,"'Lust, Schussler and Whitaker - voting F aye by voice vote. Robinson absent. Bill Hutsinpiller, Director of Parks and Recreation spoke'to the matter of approval of design and cost estimate for - Gilbert Park parking lot, and stated that they are ready to go out for bids, when the design and cost estimate has.been approved by the Council. He reviewed the plan in detail regarding the number of parking stalls.and lighting. After due discussion, it was MOVED by Whitaker, seconded by Schussler that the design and cost estimate be approved as presented by.the Parks Director: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. .Robinson absent. City Manager McMicken reported that one bid only had been received and considered by a bid board for the improvements to Washington Park, from Thorson Landscape He further reported that this bid was a little high, .but after some review, some of the alternatives were cut out and the architect,'the Park and Recreation Commission and the Staff recommended that the bid of Landscape Company be accepted. After due discussion, it was MOVED by'Lust, seconded by Lambert that the recommendation of the Architect, Park and Recreation Commission'and Staff be accepted and _that the contract be awarded to Thorson Landscape Company, and that the City Manager be authorized to enter into a contract with said contractor upon:the filing of the proper bond•and insurance:_ carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent. • City Clerk Jack Daniel reported on the matter of Closing Out Sales, stating that he has reviewed past transactions and has found them to be consistent. He further reported that the Ordinance very specifically describes moving sales, - closing out sales and distress sales, but-that the language needs to-be changed somewhat., Discussion brought out that the original request for some type of consumer protection -came - from the retail merchants themselves. Council members•indicated that they would. like some further report- :regarding the-purpose and philosophy of the 'closing out ordinance, and a brief review of its back- ground. Also, that they feel the Downtown Merchants might like to be contacted to assist in a review of the ordinance. No formal action was taken. • There being no further business to come before the Council, it was MOVED by Lust, and seconded by Whitaker that we do now adjourn at the hour of 5:20 P.M.: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent. READ AND CERTIFIED ACCURATE BY ■ -^- COUNCILMAN • 27 . Lid L:(/ 1( - DATE /0-Z-72 COUNCILMAN ATTEST: • • Zossre4 �yI - M A Y'0 • C I T Y C L E R K • •