Loading...
HomeMy WebLinkAbout02/24/1970 Business Meeting 6 • FEBRUARY 24, 1970' • The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, Lust, McNeice and Robinson, 'City Manager McMicken and City Attorney Andrews presen� on roll call. The Invocation was given by Councilman Brown: The minutes of the regular meeting of February 16, 1970, having been duly certified accu- rate 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 the rezone application as filed by Marquis Enterprises, situated at 1105 West "A" Street, Ed Loidhamer, Assistant Planning Director, stated that the land is used at the present time fora large residential structure which'has been remodeled to pro- vide business offices for Marquis Enterprises. Files indicate that this -area of SuthMitview • Avenue has quite a record of rezone requests dating back to 1963. Most of these were denied because of spot or strip zoning. The General Plan indicates that this area is of medium residential density. Mr. Ray Munly, General Manager of Marquis Enterprises, stated that this building was in extremely bad condition when his, firm purchased it. In 1967, Marquis Enterprises won the beautification award for the City:of Yakima. Mr. Munly stated that they no longer have a crew and this building would be used strictly for offices. The intent of his firm is to improve the condition of this house since it is no`longer suitable for apartments. City Manager McMicken stated that he had spoken with Mr. Munly.and "that Marquis Enterprises' would use this building for contracting, drafting and other such work. Mr. McMicken indicated that a change in the requirements for a B -1 Zone is needed to include such businesses. Discussion indicated that if the present application should be denied, Marquis Enterprises would have.the authority for going ahead and using this struc- ture as a R -3 zone; that if the applicant would want to change the rezone request to B -1, he should write a letter requesting that the Planning Staff initiate a study for B -1 zoning for this neighborhood. It was also brought out that signs in a B -1 zone would have to be small and unlighted. After due discussion, it was MOVED by Robinson, seconded by Lambert that the Resolution affirming the action of the Planning Commission and denying said rezone application -be read: carried, • Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting_aye by voice vote. It was then MOVED by Robinson, seconded by Lambert that Resolu- tion No. D -1446 affirming the action of the Planning Commission and denying the rezone application at 1105 West "A" Street from R -3, Multiple Family Zone to B -2 Local Business Zone, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. • RESOLUTION NO. D -1446, A RESOLUTION affirming the action of the Planning Commission in denying the application of Marquis Enterprises for.the rezone of property situated at 1105 West "A" Street in.the City of Yakima, Washington, from•R -3, Multiple Family Zone, to B -2, Local Business Zone. A Damage Claim, having been filed with the City Clerk on February 20, 1970, by Howard H. Peterson, 4501 Snowmountain Road in the amount of $57.48, for damages caused by'a sewer backup, it was MOVED by Robinson, seconded by Keith that said Damage Claim be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Lambert, Larson, Lust. McNeice and Robinson voting aye by voicer.vote. An Ordinance appropriating $5,000 from unappropriated money in the Irrigation Fund, having been read in its entirety at the previous meeting of February 16, 1970,.and being read by Title only at this meeting, it was' MOVED by Keith, seconded by Robinson that Ordinance No. 1204'authorizing said appropriation, be passed as read: carried, Brown, Keith,'Lambert, Larson, Lust, McNeice and.. Robinson voting aye on roll call. ORDINANCE NO..1204, AN ORDINANCE appropriating the amount of $5,000 from unappropriated anticipated money in 510- Irrigation Fund, to Account 930, Other. Structures and Improvements, in the 1970 appropriation for 510 - Irrigation Fund. It was MOVED by Keith, seconded by Lust that Ordinance No. 1205 relating to Local Improve- ment District, procedure changing advertising for weekly publication, be,passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on rol.l.:_cal1:.. City Attorney Andrews explained that Section 2 of this Ordinance was amended to read that the notice be published five times in a daily newspaper or at least two times in a weekly newspaper. This conforms with State law. It is in this Ordinance that L.I.D.'s must be published in two consecutive issues and this odes not comply with the City Charter which states three publications. ORDINANCE NO. 1205, AN ORDINANCE,relating to local improvement districts; specifying pro- cedures for awarding contracts for local improvement district projects; and for preparing and confirming local improvement district assessment rolls; amending Sections 8.12.055 and 8.02.075 of.the City of Yakima Municipal Code; and declaring an emergency. It was MOVED by Keith, seconded by McNeice that Ordinance No. 1206 relating to garbage collection and disposal, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. City Manager McMicken stated that the change is in the fee which has been changed from $15,000 per year to $26,000 per year. John Mayo, Public Works Director,'explained that the figure was derived from the actual examination of our costs and taking a load count., We prorated the actual cost on percentage • b - asis. Mr. Mayo met with Sanitation Superintendent Dale Samuelson and Ed Eichler, owner of Eichler Garbage service and discussed this "matter. ORDINANCE NO. 1206, AN ORDINANCE relating to garbage collection and.disposal; regulating business hours of the city sanitary landfill disposal- facility and establishing an annual dumping charge to be paid by licensed collectors; and amending subsection 4.16.180 (h+y of the City of Yakima Municipal Code. • FEBRUARY 24 • Mr. Charles Countryman, Attorney was present and spoke_on behalf Yakima Amusement Asso- ciation regarding payment schedule on pinball machines. He requested that pinball • operators be allowed to pay license fees for pinball machines on a six months basis indi- cating.that this help them with their financing. He further related that the mach - ines are used more in the second.half of.the year than in the first half. Attorney General of the State of Washington has given his opinion that the cities cannot legally license pinball machines. Mr. Countryman states thathis clients feel this is wrong and that there is a case peiding in'Tacoma challenging this decision. If the court rules that the opera- •• tion of pinball machines is illegal, it will cause undue hardship on these operators to pay.a full years license and not be able to claim a refund for the unused portion of the year. 'Mr. Countryman stated that his clients are honoring a request from another segment of the County. government that•as few machines be utilized out in the field as possible. City Attorney Andrews stated •that he had written a.letter to•Mr. Countryman stating the position of the City. Mr. Andrews stated that he appreciated the way Mr. Countryman's. , clients felt about what might happen concerning the legality of pinball machines and the money that they might lose if they were to buy their, license for, the year. Councilman Robinson asked if there were. statistics available about other cities who have license fees' paid semi annually, and._requested that these figures:be obtained. Councilman Lust felt that Mr. Countryman and his clients had a valid request. It was MOVEn by Robinson, seconded by Brown that the matter be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and voting aye by voice vote. Mr. M.M._Kinnard 702 North 1st Street, being present in the audien.ce,`stated that he owns Shorty's Used Car Lot. at that address and he has received a letter dated February 18, 1970, from Newell Pock, Chief Inspector which stated that he would have to be out of this build- • ing on March 1, 1970 because it was a non- conforming business in.this area. This matte -r . was informally referred to the City Manager for study and a .report is to be brought back to • the Council. City Manager McMicken indicated .that we should participate with the Board of County Commi- ssioners in the District Justice Cdirrt-'. Plan and stated . that if there is no objection, City Attorney Andrews will represent the City. of Yakima. Ci.ty.Attorney-:AndreWs reminded • Council members that the subject of no longer having a municipal court'for the City of Yakima and coordinating the •two courts; 'District : Jus'ti'ce 'Court and Municipal was brought before them at earlier date and that now, 'He has met with the' Board of-County Commissioners February 20, 1970, and discussed with them some of the unique problems that the City.of Yakima would have. He further stated that must be taken by'next Monday, March 2, if the City wishes" to concur with the recommendations of the Police Depariient. Beginning on the second Tuesday in January, 1971', there willfno'longer'be'a Yakima County Justice Court System but th'e entire county will be composed of justice . coUrt served by • three full time Justices of 'the Peace. City Attorney Andrews ,stated that if no action is taken we will continue as we are. If the City of Yakima wishes'to become a part of this Court Plan our intention must be made known not later than March 2, 1970.. It was MOVED by ,;Robinson, 'seconded by Lambert that a letter be sent by the Mayor to the Chai of the Board of County Commissioners indicating the intent of the :City to use the Justice Court, forbearing .City police.'cases: carried, Brown, Keith, Lambert, Larson,.Lust, McNeice and Robinson voting aye by voice vote.. Councilman Keith excused at 3:45 P.M. City Manager McMicken referred to the request for outside City utility service by Aramont Properties at North 15th Avenue and "I" Street, stating that this land use will conform with acceptable use and will follow the General Plan to a degree. Aramont Properties stated that they will abide,by City code. Mr. McMicken indicated that the present outside utility policy is working satisfactorily. Itwas MOVED by Robinson, seconded by McNeice that Aramont Properties' request for outside City utility service be granted upon the signing of the Outside Hookup Agreement: carried, Brown; Lambert, Larson, Lust, MCNeice•and Robinson voting aye by voice vote. Keith absent. There being a number of interested persons present, City Manager McMicken brought on for • . discussion thematter, of. the report from City Attorney Andrews of lawsuit pertaining to the Wade Rezone and the passage of Ordinance No. 1199. Mr. Andrews explained that he merel, wanted to' acknowledge the fact that the City of Yakima has been seined with papers =on Friday, February :20, 1- 970:,' He stated that there are two alternative the City might take. One being a:Writ of • certiorari which would require the City'to appear before•the' Court and 'give'informati'on,concerning the records and files of the City which led to the action that was taken by the Council. The second alternative would be Declaratory Judge- . 'ment, which would ask the Court to declare the Ordinance invalid. Don Bond, Attorney, .;represented the developer.and• City Attorney Andrews stated thath.he did write a letter to • Mr. Bond 'telling him of `the lawsuit that is at hand. Shore, Velikanj.e and Countryman are the attorneys who are repsenting the'plantiffs. Mr. & Mrs. John Wade and Mr. & Mrs. Earl Pilan were present in support of the City and this rezone. 'City Manager McMicken reported on the land use plan for Nob Hill Boulevard which was made , • up by the Department of Planning and Community Development. He stated that there should be a hearing'on,this matter within the next days. There have been discussions between Dr. Sch dt, President of Yakima Valley College, Ed Loidhamer and City Manager McMicken. 'Mr. McMicken - stated that they will again meet with the College Board on FebOuary 25, 1970 to review the Board reports. Possibly at that time,. Dr. Scheidt. will have some information • from the College Board on what the plan means to the` college. If not, they may direct it to our Staff for study and report. All information will be presented at a meeting to be called by the Planning Commission. Reports from Planning Commission and Traffic Engineerin• are forth coming. While land use plan and traffic plan are different, they do have some relationship that would be desirable for us to consider when making c anges. Mr. Ed. Loid- ' • FEBRUk RY 24,• 1970. hamer, Assistant Planning Director, stated that 'the area which is covered in the report extends west of Nob Hill to City terminus. The Planning Commission and City Council were ' • concerned with conflicting land use, problems with traffic congestion, the problem of residential deterioation and inconsistency in zoning. Mr. Loidhamer stated that`the lard use on the North side of Rock Avenue to 16th Avenue is 30% commercial. On the North side less than 10% of the land isused commercially. It was noted that an increase from 50% to 90% in the traffic volume has resulted with the construction of the overpass. In regard to accidents, in the City of Yakima 11% of these occurred on Nob Hill Boulevard • and 10% were caused 'because of a commercial use, Nob Hill also serves as a business street with existing commercial development. It was indicated that there should be a revision of the Zoning Code providing for the following:•an arterial business zone, devel- opment of a medium residential zone, subdivision of the design regulation and the street design such as proper sidewalks and control of curb cuts. It was also felt that,an annexation program should be set up in view of the fact that Yakima County has no land control. The following are the Staff recommendations: (1) Adoption of Nob Hill Plan as amended to General Plan (2) Amendment to Zoning Ordinance (3) Amendment of Zoning map to reflect changes in Zoning Ordinance (4) that the City Planning Commission and City Council adopt the principalsset forth in_the Report entitled Land Use Plan for Nob Hill Boulevard date 'December, 1969, . as policy_ guidelines along other major and secondary arterial streets in the City of Yakima. City Manager reported that there a number of requirements that have to be met for HUD for the appraisal of the Southeast Yakima Community Center site , Ralph Korn, MAI and Ross Mellor, MAI are two appraisers that are acceptable to them. Their feeswill'be $150.00 per day or a total fee of $750.00. It was MOVED by Lust, seconded by McNeice that Resolution No. D -1447 authorizing Ralph Korn, MAI and Ross Mellor, MAI Appraisers, to . appraise property for Southeast Community Center: carried, Brown, Lambert, Larson, Lust. McNeice and Robinson voting aye by voice vote. Keith absent. RESOLUTION NO. D -1447, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to hire professional appraisal services for the Southeast Yakima Community Center project. • City Manager McMicken referred to the application for flood control permit for develop- ' ment of Yakima Freeway Park. Bill.Hutsinpiller, Director ofParks and Recreation has been working with Charles Odegard of the State and it is their judgement that this application should be completed for long range use for park purposes. Mr. MCMicken stated that he wanted authorization to sign for the City so that this will be'a joint City and County arrangment. He indicated that signing this paper will not obligate the City in any way at this time. It was MOVED by Brown, seconded by Robinson that Resolution No. D -1448 • authorizing and directing the City Manager to execute and submit an application for a • permit issued for development of Yakima Freeway Park. be passed as read: carried, Brown, Lambert, Larson, Lust,.McNeice and Robinson voting aye on. roll call. Keith absent. RESOLUTION NO. D =1448, A RESOLUTION authorizing and directing the City•Manager of the City of Yakima to execute and submit an application for a permit issued by the State of Wash- ington, Department o.f Water Resources, for the development of Yakima Freeway Park. City Manager McMicken referred the matter of the settlement for Chlor- alkali anti litiga= tion to City Attorney Andrews for discussion. Mr. Andrews explained that an offer of settlement has been made whereby the City of Yakima would receive a minimum of $1,983.95. as its share of the settlement in full satisfaction of its claim and recommended author- izing the acceptance of said settlement. He further explained that the City,of Yakima has spent $1,500.00 as its share of Court costs and he feels that is a fair settlement since we wi11 come out a little ahead. It was MOVED by Robinson, seconded. by Brown that Resolution No. 1449 authorizing the acceptance of this settlement be,passed as read: carried, Brown, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. . . Keith absent. RESOLUTION NO. D -1449, A RESOLUTION authorizing settlement of pending litigation entitled • State of Washington, et al, vs. Pennsalt Chemicals Corporation, et al, Cause No. 7201 in the United States District Court for the Western District of Washington. City Manager McMicken requested authorization to'attend a Northwest City Management Con- ference in Harrison Hot Springs, British Columbia on March 4th to 7th. It was MOVED by Lambert, seconded by Lust that said travel be with expenses paid: carried, Brown, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Keith absent. • There being no further business to come, before the Council, it was MOVED by Lust,.seconded by McNeice that we do now at the hour of 5:30 P.M.: carried, Brown, Lambert, Larson, Lust, McNeice and Rob . voting aye by, voice vote. Keith Absent. • READ AND CERTIFIED ACCURATE B DATE '' °Z- 1 C' OUNCILMAN DATE 5 r-- t 7 a C _ N ♦ LMAN • • K.p.e_ev ATTES • - • • 9 C I T Y• C L E R K ~� . M A Y O R • •