No preview available
HomeMy WebLinkAbout04/25/1966 Business Meeting • . . 154 April 25 1966 The City Council met in regular session, Mayor. Larson presiding, Councilmen Brazier, Brown, Lambert, Lynch and Robinson, City Manager Smith and City Attorney Andrews present on roll 'call:.' Kurbitz absent until 3:12 P.M. It was MOVED by Robinson, seconded by Brazier that Councilman Kurbitz be excused from this.meetin :carried, Brazier, Brown, Lambert, Larson, •Lynch and Robinson voting aye by voice vote. (Kurbitz present after 3:12 P.M. for the balance of the meeting. ... • The Invocation was given by Councilman Lynch. . • The minutes of the regular meeting of April 1$, 1966, Navin& 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. • This being the time fixed for the Hearing on Resolution No. D -931, being a Resolution of • Intention to improve certain streets by constructing concrete curbs, gutters and surfacing in accordance with Petitions No. 371, 387, 402, 443 and 449, it was MOVED by Lynch, seconded by Robinson that Ordinance No. 796, providing for said improvement and creating L.I.D. No. . 952, Fairbrook Addition and .Other Streets, be passed as read: carried,. .Brazier, Brown, . Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz absent. . ORDINANCE NO. 796, AN ORDINANCE providing for the improvement of certain property by grad- ing, ballasting, surfacing with asphaltic concrete, constructing concrete curbs and gutters together with necessary drainage features; establishing a Local Improvement District, pro- . viding for the method of payment thereof, and creating a special fund. This being the time fixed for the hearing on Petition No. 450, as filed by Henry Hamberg . and Others, praying for the annexation of property located on the West side of. Cornell be- tween L• _�.: ; Pierce and King Streets, it was MOVED by Brown, seconded by Lambert that Ordi- . nance No. 797 providing for said annexation, be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz absent. ORDINANCE NO. 797, AN ORDINANCE providing for the annexation by the City of Yakima of cer- tain property contiguous to the City of Yakima and zoning the same as R -2, Two- Family Zone. • (Councilman 'Kurbitz present at 3:12 for balance of meeting) This being the time fixed for the Hearing on Petition No. 455, as filed by Mike A. Polo, • Richard Rasmussen and Others, requesting rezone of•property situated at the North side of . Summitview Avenue between Hall Avenue and llth Avenue, it was MOVED by Brown, seconded by Lynch that Ordinance No. 79$ .accepting the recommendation of the Planning Commission and rezoning said property be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Lar- son, Lynch and Robinson voting aye on roll call. In discussing this action, Mayor Larson asked first to hear from the people who are for this rezone. John Moore, attorney for the Petitioners, explained that this rezone request is for the purpose of putting in an Ortho- . dontist Clinic for three dentists, namely, Dr. Dempsey, Dr. Barringer and Dr. McCullough. Mr. Moore presented a sketch of the proposed clinic and explained that there would not be a traffic problem created because the dentists will be set up on the basis of handling eight to ten patients a day, so that there will be very little traffic at any one time. Others speaking for the proposed rezone were Dorothy Plath, representing her father, A. .C; Davis, who is very much in favor of this rezone; Mr. L. A. Beam, property owner in the vicinity, ' Mr.. Donald K. Matthews, 1306 Brown; and Mr. Don Ubelacker, who lives adjacent to the property on Hall. Mr. Ubelacker stated that when this property had been before the Plan- ning Commission for rezone previously, for another type of business, he and many others had been against it, but now were very much for this requested rezone due to the change in plan - for the use of the property. Speaking against the proposed rezone, Mrs. Paul Quist of 209 Hall Avenue, stated that until the day before this Hearing she had no knowledge of this posed rezone and is still very much against it, and requested that this be taken back to the Planning Commission for more study and review of the situation. - Mrs. Quist further • stated that when they bought in this area, it was platted for multiple housing and residen- tial buildings and she is concerned that once this type of zoning is permitted and busi- • nesses start,. the residential portion starts to deteriorate and it will continue to become more crowded with. businesses and.there will be traffic problems for the 1,500 children in the area. Rudy Gast, Planning Director, indicated that he considered this rezone,' spot zoning, and was not in agreement with the majority of the Planning Commission, in recommend ing this rezone. Attorney Moore answered.Councilman Robinson's questions as to why the doctors, who all have offices at the present time, needed to change and why in this particu lar location instead of a better one. Mr. Moore stated that the dentists are all in the Medical Center now and would like to have an Orthodontic Center where all can be together • and share some facilities.. He further stated that they have looked for other areas, but that the prices have been exorbitant. Mr. Moore also stated that the majority of the peopl: in the neighborhood and the Planning Commission are in favor of this rezone and it seems that the•only objection to. it is Mrs. Quist. In voting for Ordinance No. 79$, Councilman Kurbitz stated he -is not in complete agreement with this requested rezone, but that he feel • that strip zoning is a natural' transition and will eventually be all along Summitview, and that we have to recognize that it is a natural process to replace something older with some thing new. Councilman. Lambert stated that she had: been'opposed 'in the past to this rezone and does not agree.that strip zoning is a natural thing, that we do not have to have a strip zone unless we want it that way in a certain place, but votes yes on this rezone be- cause she feels that a B -1 zone is the best use for this property.. Councilman Lynch stated . that he appreciates Mrs. Quist's remarks, but indicated that since the Planning Commission voted in favor of the rezone and the of the immediate neighbors are for this action, he will vote to accept the Planning Commission's recommendation to rezone said property. Councilman Robinson.explained his vote in favor of the rezone, stating that he is more satisfied with the B -1 request than the previous request of B -2. He further stated that although he doesn't expect the building to go up in the exact form it is shown in the drawing, he does expect the dentists to put up an attractive building and he will continue to oppose any other . classification along Summitview. ,,ORDINANCE NO. 79$, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property on the north . side of Summitview between Hall Avenue and llth Avenue, - in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -1, Modified Business Zone. 155 • April 25, 1966 • • . This being the time fixed for the Hearing on Petition No. 456, as filed with the City Clerk on March 17, 1965, by Ruby W. Harrison requesting rezone of property .situated at 24th and Washington Avenues, it. was MOVED by Robinson, seconded by Brazier that this Hearing be con- tinued for one week, or until the regular council meeting on May.2, 1966:' carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch.and Robinson voting aye by voice vote. . Petition No. 467, having been filed with the City Clerk on April 20, 1966, by Donald L. Lemon and Others requesting the paving of certain alleys between North 1st Street and 2nd Street in the 200 and 400 blocks, it MOVED by Robinson, seconded by Brown that said Petition be referred to the City Manager and Staff for study and recommendation': carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. • Petition No. 46$, having been filed with the City Clerk on April .22, 1966, by Jack R. Gustafson requesting annexation of property located South of Scenic Drive and East of 53rd Avenue, it was MOVED by Lambert, seconded by Lynch that said Petition be referred to the City Manager and Planning Commission for study and recommendation: carried, Brazier, Brown, - Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. • MOVED by Lynch, seconded by Robinson that Ordinance No. 799 relating to operation of Tahoma Cemetery and amending the Yakima Municipal Code be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. • ORDINANCE NO. 799, AN ORDINANCE relating to the operation .of Tahoma Cemetery; specifying a schedule of fees and charges for cemetery property and services; and amending Subsection • 7.04.090 (b) of the City of Yakima Municipal Code. • City Manager Smith, in referring to a letter received from Yakima County regarding Sealcoat- ing of certain streets within Yakima City Limits under proposed county wide oiling and seal - coating project in 1966, explained that this is a program that the City has been working • ..out with the County for the past two or three years. The county has asked us as part of • their program to participate in the cost. John Mayo, Director of Public Works, explained the. City will be paying our pro rata share on this project which is estimated to cost approximately 54,000.00. It was MOVED by Lynch, seconded by Lambert that authorization be . given to reimburse the County of Yakima for the City's share of the total cost after com- pletion of the work involved: carried, Brazier, Brown, Kurbitz., Lambert, Larson, Lynch and • Robinson voting aye by voice vote. Mayor Larson called on Mr. Anthony Chapman, who protested the denial of his Claim for Damages, which he had filed with the City Clerk on September 17, 1965. The damages were due to a sewer backup, in the estimated amount of 5148.47. Mr. Chapman stated he uses the proper valves that the City Code says he should have and keeps them oiled, and does not . feel this. sewage backup was his fault. He stated that when this sewer backup happened, he called the City Water Department and in a short time four trucks were there and cleaned up the basement. He further. stated that the City boys said they traced the sewer backup back to Bonnie Doone. Mr. Chapman related that he does not feel this sewer backup was his fault since it was in the City line, nor did he particularly blame the City, but feels that he should be reimbursed for the damage done by the sewer backing up. Councilman Brazier comp- limented Mr. Chapman on his presentation and his attitude. City Manager, George Smith, assured Mr. .Chapman that there are certain rules and legal requirements' that we must meet • in order to take care of something of this sort and that we can't always do what we would like to. City Attorney Fred, Andrews explained that every.time there is a sewer failure, • the City forces investigate and a report is made out, and in this case they reported that the line was flushed out the day before and that the drain was working properly. He stated that these things do happen, even though there are periodic maintenance checks as a service to people and that we do what cleanup work we can as a matter of public relations. He indi-' cated that there has to be some grounds and absolute proof that there has been neglect or failure on the part of the City to maintain the sewer, before it is legally possible-to pay such a claim. Councilman. Lambert stated that she felt that we cannot spend the City's money to reimburse this claim when it has legally been turned down as not having any defi- nite proof that it is the city's fault. Councilman Brazier indicated that he would like to see the City pay this claim. He stated that this client seems to have done everything possible to take good care of his' own line. Councilman Brown indicated that he favored paying this claim, even though we can find legal reasons for not .paying it, as Mr. Chapman ' has done far more than most people to take care of his own sewer system. Councilman Lynch • indicated that he felt it had not been proven that the city is liable, and that Mr. Chapman has gone to so much trouble to keep this condition from happening, that he believes the case should be reinvestigated. It was MOVED by Lynch, seconded by Brown that the damage claim as filed by Anthony Chapman be reinvestigated: carried, Brazier, Brown, Kurbitz, Lam- • bert, Larson and Lynch voting aye by voice vote. Robinson absent. (Robinson excused from. the meeting at 4:50 P.M.) Councilman Kurbitz stated that he felt that this is a'claim we should pay. City Manager Smith, referring. to the report by the Police Department and the Engineering Department on the Summitview Avenue Parking problem, suggested that a date for hearing on this matter beset, mentioning that the Roosevelt P.T.A. would be having their meeting on May 10, 1966. Upon Manager Smith's recommendation, it was.MOVED by Lynch, seconded by Brown that May 16, 1966, be set as the time for a• Hearing on the Summitview Avenue Parking matters: carried, Brazier, Brown, Lambert, Kurbitz, Larson and Lynch voting aye by voice • vote. Robinson absent.' • City Manager Smith, on behalf of Fire Chief Shockley, requested the authorization for two firemen, Delvin Roher and James W. DeVaney, to attend the Fire and Arson Investigation Seminar at Eugene, Oregon, May 16 - 20, 1966, at an approximate cost of $30 each. It was MOVED by Lynch, seconded by'Krubitz that said trip be allowed with expenses paid: carried, Brazier, Brown, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Robinson absent. • • City Manager Smith stated that there have been two requests for closure of N. Naches Avenue • from Yakima Avenue to "A" Street, one for Yakima Valley Sportsman's Association, Saturday, ' June 18, 1966 to sponsor .a beef- buffalo barbecue, and the other for the Association of N.W. Steelheaders, for a.Steelhead Barbecue on June 25, 1966. After due discussion, it was • MOVED by Lynch, seconded by Kurbitz that a resolution be prepared authorizing closure of said street for these two events: carried, Brazier, Brown, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Robinson absent. 156 April 25, 1966 Regarding action taken at the previous meeting on April 1$, 1966, pertaining to authoriza- tion given for Ed Rumsey and Dick Landis to attend the Annual Meeting of the Safety Communi cations Officers Conference at Eugene, Oregon, it was.MOVED by Lynch, seconded by Brazier that the Council ratify action already taken in this matter: carried, Brazier, Brown, Kur- bitz, Lambert, Larson and Lynch voting aye by voice vote. Robinson absent. II Public Works Director, John Mayo reported that there had been several accidents at 6th Avenue and Lincoln intersection, that for some unexplained reason, people do not stop at the stop sign on 6th Avenue, and suggested installing a flashing signal light at said intersection, which would flash red on 6th Avenue and amber on Lincoln. It was MOVED by Brazier, seconded by Lambert, that said signal light be installed: carried, Brazier, Brown, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Robinson absent. There being no .further business to come before the Council, it was MOVED by Kurbitz, secon- ded by Brazier, that we now adjourn at the hour of 5 :30 P.M.: carried, Brazier, Brown, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Robinson absent. c9 READ AND CERTIFIED ACCURATE BY DATE J , A( ( o CO 7 �, -c_ Ci--�� J DATE --. - l7. - ; COUNCILMAN ATTEST: l ' i� / / iii.. / C I T Y C L E R K M A Y O R 1 • • • ■