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HomeMy WebLinkAbout10/27/1969 Business Meeting J . 632 OCTOBER 27, 1969 The City Council'met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Kurbitz, Lambert, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present on roll call. - . The Invocation was given by Councilman Keith. The minutes of the regular meeting of October 20, 1969, having been duly certified accurate 1 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 Hearing on the Appeal from the .Planning Commission's. . decision in denying rezone application of Mr. & Mrs. John Wade & Others, requesting rezone of property situated between North 16th and 18th Avenues, on the south side of Lincoln . Avenue, Bruce Finke, Director of Planning and Community Development, reviewed the recom mendation of the Planning Department, and the decision of the Planning Commission to deny . said rezone application. He reviewed maps showing existing land use and existing zoning of the property'for which the rezone is requested and of the adjoining properties. He reported that the'applicant has requested a change in zoning from R -3, Multiple Family . Zone to B -2, Local Business Zone, to permit the construction of a shopping center. Mr. Finke stated that the General Plan indicated a neighborhood shopping center at the present location of the'Lincoln Center and at the intersection of 16th and Summitview Avenues, and that the rezone request does not conform,to the General Plana He showed a map on which all of the existing supermarkets in the area were plotted along with their minimum service areas and which revealed that there is now a great deal of overlapping of service areas . and that the area proposed for a neighborhood shopping facility is more than adequately : served by existing facilities. .Mr. Finke also pointed out the problems which could be . created by granting further commercial zoning in this area of Lincoln Avenue -- such as the strip zoning effect and additional traffic congestion. He stated that after consid- erable discussion by -the Planning Commission members that they had voted unanimously to deny the . rezone, as had been recommended by the Planning Department. Mr. Don Bond, • • Attorney, representing the applicants and Buttrey -Osco, developers of the proposed. shopping center, spoke in'favor of the rezone. He introduced Mr. E.D. McCarthy- developer, and Mr. . J.J. Quinn, Vice President.and General Counsel for Buttrey Foods. Mr. Bond referred to a • . booklet describing the proposed shopping center and giving economic and other related in- t . . formation, a copy of which was presented to each City Council member. He. explained in j. . • detail the type of center that is proposed, stating that it is a one -story community type center, more of a discount house similar to Bi -Mart, Valu -Mart and Country Store, planned to primarily service the northwest area. Mr. Bond read a,l -ist of the existing businesses on Lincoln Avenue stating that the uses on this area are definitely not residential.. He referred to the fact that the Planning Staff and Planning Commission reports express concern that. there will be -great traffic problems connected with this proposed shopping center and introduced Mr. Preston' L. Shepherd, Engineer,. who has investigated the traffic- situation in this area. . Mr. Shepherd referred to a letter and map he had prepared, copies II of which were presented to the City Council members, and stated that he had investigated the traffic situation at 16th and Lincoln to determine if there, are any problems in- volved, either at present or in the future, and after a brief investigation feels that no problem is created from a traffic engineering standpoint. He further stated that both 16th Avenue and Lincoln Avenue have considerably more capacity than the present traffic . volume and therefore there should-not be any traffic congestion as a result of increased traffic volumes. Mr. Shepherd stated that the proposed locations of driveway'approaches on 16th and Lincoln are located in such a manner that no traffic congestion should be created as a result of turning movements in and out of the driveways and if greatly in- creased traffic volumes at some time in the future were to create some traffic, congestion, • this could be eliminated by adding a left turn lane in the middle of either 16th or Lincoln avenues, or both if necessary. He further indicated that on this basis it is his opinion that the shopping center would create no traffic problem. Mr. V.J. Beaulaurier, • • Attorney, representing three separate property owners in favor of this rezone, Mr. and Mrs. Wade, Mr. Sullivan and Dr. Frank'LeCocq, stated that his clients have a very selfish motivation for being in favor of this rezone, as the proposed project represents approxi- mately one million dollars in investment and will provide employment for upwards of 100 employees. He referred to the Petition signed by 250 people in favor of this project, which was filed with the Council and City Clerk at this - meeting and stated that.although the proposed project may not conform to the General Plan, they feel that the General Plan is not inconformity with the uses in that general area and this area is•very desirable for the type of use proposed.Mr. Ted Roy, Attorney, appearing on behalf of Dr. Don Ballew, who owns 21 acres adjoining this property, and is in favor of the rezone, stated that they do not feel that the Planning Commission had an opportunity to be aware of the economic • values of the survey made by Mr. McCarthy. Mr. Arthur Kirschenmann, Attorney, representing two property owners in favor of'the rezone, Mr. Wes McLean and Mr. Sam Bingham, who live directly south of the American.Oil Company station, and feel that the building of this station has devalued their property as far as being of residential value. Mrs. John Wade, one of the applicants for this rezone, spoke in favor of it. A letter was filed with the City Clerk on this date, by Paul M.-Goode, Attorney, representing S.W. Searle and Mohr, owners of a portion of the property involved in the proposed rezone application, who • are in favor of this rezone, Council members received a copy of this letter which stated that in.the.- opinion of these owners, the area in question is best suited for a commercial development along the lines of the proposal as submitted. The letter further stated that it is quite obvious from an examination of this locality that it has remained relatively underdeveloped because of its unusual location and topography and.that no new residence use is in prospect and the locale does not have any real attraction for multiple residence use. They further indicated that they feel that the abandoned Pacific Power and Light Company plant detracts from the appearance of the area so that it seems clear that some form of commercial development is the only feasible and practical way to make use of the area involved, and that the ruling .of the Planning Commission should be overruled and the • rezone should begranted as requested. Mr. Don M. Tunstall, Attorney, representing the • Westpark Merchants Association, an association of all merchants in the Westpark Shopping Center, filed a written objection to the Rezone with the City Council and City Clerk on this date, on behalf of the Westpark Merchants Association, which stated that they object' to the rezoning of said property for the reason that such rezoning would not promote the. public health, safety, comfort or welfare, but would in fact be deleterious. Mr.' Tunstall stated that they feel that the General.Plan is correct, and that the. area is most adequately served at present with shopping centers already in the area, and do not feel that both sides of Lincoln should be zoned for business. .Mr. Morrie Shore, Attorney, representing Cahoon's Thriftway grocery store in Lincoln Center, spoke againstthis proposed rezone, stating that they feel that the residential d'ensitt of the area is not high enough to support two shopping centers, Lincoln Center, and the proposed Center,-so close together. He also stated that they are concerned about the traffic which they feel is going to. ■ 633 OCTOBER 27, 1969 cause problems. Also speaking against the rezone were property owners in the vicinity, Mrs. Farwell Darby, 1616 Monroe, Mrs. Montgomery, 2601 Lincoln Avenue, and Mrs. Hunky Shaw, 1708 Monroe Avenue, because they feel it will cause traffic problems. Council members asked questions about traffic and the problems it might create, and if there has been a traffic count in this vicinity recently. Public Works Director John Mayo indicated that this matter has not been brought to his attention regarding this rezone and an accurate traffic count has not been made recently.in this vicinity. Council members indicating that much more information has been brought to this meeting than was available for them to study previously, and feel that more time is needed to study all the material avail- able, and would also like to get a current traffic count in this vicinity, it was MOVED by Robinson, seconded by Lambert that this Hearing be continued for one week, or until November 3, 1969, carried: Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Councilman Kurbitz excused at 5:00 P.M. This being the time fixed for the Hearing on the Chief Building Inspector's Report of Expenses in Demolishing dangerous building at 509 East Adams Street, it was MOVED by Brown, seconded by Lambert that a Resolution confirming said report and assessing the amount of demolition costs, be passed as read. Mr. Lloyd Porter, who owns this property, read a Statement of Complaint, which he had prepared and filed with the City Clerk on this date, which indicated that he feels that no assessment should be levied either against him or the property for any expenses in connection with the removal of said "dangerous building" because he feels that more was demolished than was stated in the Dangerous Building Notice and Order. He gave a detailed report of what was destroyed and the value he placed on these items, such as a frame garage building and sidewalk. Mr. Newell Pock, Chief Building Inspector, indicated that possibly if the garage had been taken care of it might have been of some value, but was considered dangerous also because of the debris in and around it, and was removed along with the house. Council members indicating that they would like to study the matter further and obtain a legal opinion from the City Attorney, it was MOVED by Robinson, seconded by Keith that said matter be continued one week, or until 3, 1969: carried, Brown, Keith Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. Mr. Ken Groth, member of the Yakima Fire Department, and.representing the Yakima Fire Fighters Association, referred to the matter discussed at the meeting of October 14, 1969, regarding the request by the members of the Yakima Fire Department Alarm Division to be transferred from the Statewide Retirement System to the Firemen's Relief and Pension Sys- tem in accordance with the new 1969 Pension Act, and asked if any action has been taken on this matter. Council members indicated that this matter had been referred to the City Manager and Staff for study and recommendation at that meeting, City Manager McMicken stated that is a matter of request for reclassification and there has not been a formal request made to the City Manager from the Head of the Fire Department for such reclassi- fication as yet. "- In accordance with action taken by the City Council at their meeting of October 14, 1969, when this date was fixed as the time for meeting with the Yakima Fire Fighters' Associa- tion, a presentation was given by members of the Yakima Fire Fighters' Association Local No. 469 regarding unresolved wages and hours for 1970. A three member negotiating comit- tee, Lt. Bill R. Horst, President of the Yakima Fire Fighters' Association, Capt. Lee Willson, and Lt. Ed Lexa gave the major portion of this presentation. Mr. Horst reported . that they were representing the 77 members of the Fire Department and have had three . meetings with City Manager McMicken and are now presenting the matter to the, Yakima City Council for their consideration. Mr. Willson read a statement asking that it be made a part of the City Council Minutes as follows: "I would like °to "bring the subject of reduction in hours before you if I may. I think this is of vital importance to you as I shall bring out. In 1968 we went before the people of Yakima for a 42 hour work. We were sincere in our request, hiding no facts nor attempting to deceive the public in any way. On October of that year, you the Council, gave a news release stating that the Council should determine this matter instead of by the vote of the people. On October 31st Craig McMicken gave a news release stating that you the Council should have the responsibility of determining wages and hours instead of the vote of the people. . Our members feel that the voters were confused as to how they should vote, with the Association asking them to vote one way and the Administrators (you) asking them to vote the other way. Now I would like to say this -- you'asked for the responsibility and the people of Yakima gave you "the responsibility. They expect you to do something to take care of this situation. July 1, 1969, a letter was sent to the City Manager asking consideration of a plan for reduction in hours. - -A program was given, asking even 1 hour per week, per year in reduction, with this thought in mind that it would give the City time to prepare for the transition of which no satisfaction was given. Now we ask you as administrators of Yakima to start a program to take the burden of the long hours off our working conditions. We trust that you will treat this matter with great importance. If you have any questions, please be free to ask." Mr. Lexa stated that they are requesting a very much needed wage increase to $772 per month based on Fireman First Class. He stated that if they are not able to getthis sub- stantial wage increase, they will probably lose more men to other cities that pay higher . salaries, as several have already resigned to go to better paying jobs. Mr. Wade Warren, a member 'of the Yakima Fire. Department, stated that he will resign within the next few days as he has been accepted on the Lynwood Fire Department at a salary of $180 more per month than he gets here. After due discussion by those representing the Yakima Fire • 634 4 ' OCTOBER .27, 1969 Fighters, City Manager McMicken gave a detailed report on this matter. He stated that he is in the difficult position of agreeing with the fire fighters and unable to accommodate.' them, the problem being one of Budget. Mr. McMicken reported that the Union and City Mana- ger agree on several points -- that the Yakima firemen deserve more, pay when compared with other city fire departments throughout the State, that the Yakima Fire Department is out- "' standing, recognized as one of the best in the State, and the community enjoys an advan- tageous insurance rating. He stated that both Union and Management recognize that the firemen will receive new retirement bereEits in 1970 as a result of recent State legislation longer service with correspondingly larger retirement pay possible, cost of living esca- lator for retirement pay and full medical coverage. Mr. McMicken further reported that the firemen have received pay increases in 1967, 1968_ and 1969 and that the City's finan- cial support for fire defenses has been good. He stated that the salaries are below average because Yakima has more firemen than most other cities of its size and more offi- cer ranks than many other departments in the State. Mr. McMicken explained in detail the Union requests regarding wages and hours and what the City is offering, stating that the Union requests an across - the -board pay increase for all its members of 8 pay ranges of approximately 20 %, which is a total request of $136,688, exclusive of fringe benefit costs and the Manager's proposal of 71% raise amounts to $51,258. He listed alternatives toward increasing firemen's pay above 71% as follows: 1. The City Manager's proposal of 72% pay increase has been worked out with the Fire Chief so as to work as little hardship on other fire, needs, such as equipment, replacement of apparatus, and supplies. A further increase in pay can only come at . the sacrifice of manpower if the funds are to come from within the Fire Department budget. 2. If firemen's pay is to be increased at the expense of other City departments, this choice must be made in the context of the 1970 Preliminary Budget which will be filed November 3, 1969. 3. Firemen's pay can be increased if new revenue . sources are found. The Citizens' TASK FORCE on Public Safety, who examined this problem this past year - -and supported more personnel and higher pay for both police and fire - -found few local sources of new revenue. Their suggestions for increased State Aid or.a State collected local sales tax depend upon the Legislature, not the City Council. Mr. McMicken stated in conclusion that he favors higher pay for firemen - -even above the 71/4% proposed - -but limited City resources must be respected and recognized, and that the 1970 Preliminary Budget, which will be filed with the City Council next Monday, November 3, 1969, will show just how tight City finances are. He further stated that of the three alternatives mentioned above, he favors new additional sources of revenue - -if such can be found. In discussion, Council members indicated that they are aware of the problem and feel that the matter has been well presented at this meeting, but before any decision can be made, they will have to study the Preliminary Budget for 1970. Councilman Brown indi- cated that he feels that if the Fire Department or any other Department gets a raise of a certain amount, that other City departments should also get a comparable raise. City Manager McMicken explained that the 1970 Preliminary Budget will be filed with the City Council and City Clerk on November 3, 1969, be available to the public by November 14, 1969, that there will be meetings as necessary and the final Budget is to be adopted by December 1, 1969. Council members indicated they will be glad to meet again with the Fire Fighters after they have had a chance to study the 1970 Preliminary Budget. No fur - ther action was taken on the matter at this time. City Manager McMicken referring to the Resolution of Intention to improve property by the construction of a water main in accordance with Petitions No. 619 and 622, it was MOVED by Brown, seconded by McNeice, that Resolution No. D -1403, a Resolution of intention to create a local improvement district and fixing the time of Hearing on said matter for November 17, 1969, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. D -1403, A RESOLUTION of intention to create a local improvement district. City Manager McMicken referred to the matter of authorization to purchase property for water system improvements to Public Works Director John Mayo, who explained thattwo par - cels of property are needed in connection with the installation of the 48" water main, and the staff finds the terms and conditions of the Option for Sale of Real Estate to be reasonable. It was MOVED by Keith, seconded by McNeice, that Resolution No. D -1404 authorizing the purchase of said real property for water system improvements be passed as read: carried, Brown,'Keith,. Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. D -1404, A RESOLUTION authorizing the purchase of real property by the City of Yakima for water system improvements. City Manager McMicken explained that the City owns property which was acquired by virtue of Local Improvement District foreclosure proceedings and United Builders of Washington, Inc., desires to purchase said property for $1,050, which seems to be reasonable, and recommends authorization be given to sell this property. After due discussion, it was MOVED by McNeice, seconded by Keith, that Resolution No. D -1405 authorizing the sale of said property to United Builders of Washington, Inc., be passed as read:. carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. ill RESOLUTION NO. D -1405, A RESOLUTION authorizing the sale of real property to United. Builders of Washington, Inc. City Manager McMicken explaining that it is necessary for the City to occupy Northern Pacific Railway Company right of way to install the 48" water line and the Northern Paci- fic Railway Company has agreed to grant a permit to the City for that purpose, it was MOVED by Robinson, seconded by Brown, that Resolution No. D -1406, authorizing the City of Yakima to accept a permit for said purposes be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye,on roll call. Kurbitz absent. RESOLUTION NO. D -1406, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to accept a permit from the Northern Pacific Railway Company. City Manager McMicken explaining that the City -owned property at 1816 South 24th Avenue, . i 635 • • OCTOBER 27, 1969 • near the Yakima Municipal Airport, is available for lease and Leon and Arcelia Foster desire to lease said property according to the terms and conditions of the Lease Agreement, it was MOVED by Robinson, seconded by McNeice, that Resolution No. D -1407 authorizing the lease of said property, be passed as read: carried, Brown, Keith, Lambert, Larson,McNeice and Robinson voting aye on roll call. Kurbitz absent. • RESOLUTION NO. D -1407, A RESOLUTION authorizing and directing the. City Manager and City Clerk of the City of Yakima.to execute a Lease Agreement for residential property at 1816 South 24th Avenue, Yakima, Washington. City Manager McMicken referred the matter of authorization to convey City -owned property to the State of Washington for State' Highway purposes, to Public Works Director, John 'Mayo, who explained that a 25 -foot strip of land, 244 feet long on North 16th Avenue owned by the City, is needed by the Washington State Highway Department in the improvement of Fruitvale Interchange to North First Street Interchange, and that the City has no use for this property. After due discussion, it was MOVED by Keith, seconded by McNeice, that Resolution No. D -1408 giving authorization to convey City -owned property to the State of Washington for State Highway purposes be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. . . RESOLUTION NO. D -1408, IN THE MATTER OF SR 12, MP 199.98 to MP 202.37 FRUITVALE INTERCHANGE TO N.O.. FIRST ST. INTERCHANGE. • City Manager McMicken referred to a Resolution received from the Board of County Commis- sioners appointing Mr. James Daily to the Yakima. Valley Regional Library, Board of Trustees, to fill out the unexpired term of Mr. Ned Giffen, who recently died, said term to be effective on the 17th of October, 1969, and to expire as of December 31, 1972, and recommends that the City Council ratify this appointment. After due discussion, it was MOVED by Robinson, seconded by McNeice, that said appointment of Mr.. James Daily to the . Yakima Valley Regional Library, Board of Trustees, by the Board of County Commissioners, be approved: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent.• • City Manager McMicken explained that Mr..W. G. Nelson, Building Superintendent, has reached the age of 65 years so as to be eligible for retirement from city employment on October 31, 1969, but'the first man engaged to replace him left after three days, and itis neces- sary for Mr. Nelson to have additional time to adequately train his replacement. Mr. McMicken further explaining that it requires special action by the City Council to extend the retirement date of a City employee, it was MOVED by Lambert, seconded by Robinson, that the required legislation be prepared to extend Mr. Nelson's retirement date for one month: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. • There. being no further business to come before the Council, it was MOVED by Keith, •secon- ded by McNeice, that we do now adjourn at the hour of 6:45 P.M.: carried, Brown, Keith, Lambert; Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. • READ AND CERTIFIED ACCURATE BY DATE 5 9 of• UN • N . • DATE \‘' IL ) - JO ATTEST: r C I T Y • • C L E R K - ` / M A Y O R • • • • • • • • • •