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HomeMy WebLinkAbout01/16/1967 Business Meeting 242 JANUARY 16, 1967 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson, City Manager Smith and City Attorney Andrews present on roll call. The Invocation was given by Councilman Lambert. The minutes of the regular meeting of January• 1967, having 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. In accordance with action taken at the regular Council meeting on December 19, 1966, and this being the time fixed for the continuation of the Hearing on Petition No. 474, as filed by Robert W. and Mary Strausz, requesting annexation of property located between Summit - view and W. Lincoln Avenues and between N. 52nd and N. 61st Avenues, and the Planning Commission reporting on said matter, it was MOVED by Robinson, seconded by McNeice that Ordinance No. 869 annexing said property and zoning said property according to the recom- mendation of the Planning Commission, be passed as read. Mayor Larson opened the meeting for discussion on this matter. Councilman Lambert stated that she is concerned about the size of this shopping center and what seems to be a major departure from our General Plan and asked for comments from other Council members. Councilman Robinson stated that he is interested in seeing us keep a strong downtown area, but the General Plan contemplates neighborhood shopping centers and believes that this shopping center is planned well enough to be a modern neighborhood shopping center. Councilman Lynch stated that he visualized this twenty acres as one piece and as a shopping center and could see no other use for the four acres in question, but to be included in the shopping center. Councilman Kurbitz stated that he would encourage this development. Mayor Larson mentioned that the entire Planning Commission had considered the situation thoroughly and had voted unanimously to zone the twenty acres for the shopping center. He further suggested that in future annexa- tion matters, people should be informed at the time of inquiring about annexation, what is planned for that area as far as zoning and that possibly there should be some pre- annexation conferences with property owners. City Manager Smith stated that the Staff has been meet- ing to re- evaluate procedures on annexations and that a report on this matter will be given to the Council to review. Planning Director Rudy Gast emphasized the importance of acreage in a neighborhood shopping center as set forth in the General Plan and the fact that all of the plans for an'area should be submitted to the Planning Commission. He stated that the first plans brought in to the Planning Department regarding the Strausz annexation shopping center had-not included plans of a department store, nor had all the plans been presented to the Planning Commission the first time it was presented. He further stated that he does not feel that these types of regional shopping centers should be encouraged. After due dis- cussion, Mayor Larson called for the roll call vote on the Notion to pass Ordinance No. 869 annexing said property. The motion carried, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Brown not voting and informally excused because of a conflict of interests in this matter. Councilman Lynch stated that he wished to reaffirm his voting for and thinking along with the General Plan, and that he doesn't thin 1 he is going against it - at all in voting for this annexation.. Mr. Howard Elofson, attorney, and Robert Strausz thanked the Council members for their time and consideration on this matter. ORDINANCE NO. 869, AN annexing property to the City of Yakima, and zoning said property. . This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 941, South 44th Avenue and Others Paving, and there being no protests in writing or otherwise, it was MOVED by Lambert, seconded by McNeice that Ordinance No. 870 confirming said Assessment Roll, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 870, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 941 as created and established by Ordinance No. 659 of the Ordinances of the City of Yakima. This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 945, South 22nd Avenue Curb, Gutter and Surfacing, and there being no protests in writing or otherwise, it was NIOVED by Robinson, seconded by Lynch that Ordinance No. 871 confirming said Assess- ment Roll, be passed as read: carried,. Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. . ORDINANCE NO. 871, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 945 as created and established by Ordinance No. 708 of the Ordinances of the City of Yakima. Petition No. 501, having been filed with the City Clerk on January 10, 1967, by M. A. Richardson, requesting rezone of property situated at the southwest corner of the inter- section of S. Fair Avenue and E. Chestnut, and Petition No. 503, having been filed with the City Clerk on January 16, 1967, by Robert D. and Wanda L. Kellett and William Walker, requesting rezone of property located at S. 8th Avenue and W. Walnut, it was MOVED by Lynch, seconded by Robinson, that said petitions be referred to the Planning Commission for study and recommendation: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Petition No. 502, having been filed with the City Clerk on January 13, 1967 by Harold Christensen and Lee Campbell, requesting improvement of property by the construction of a sewer in the vicinity South of Nob Hill and West of 38th Avenue, it was MOVED by Lynch, seconded by Robinson that said Petition be referred to the City Manager and Staff for study and recommendation: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. The matter of a Glue Sniffing Ordinance having been continued to this date, in accordance with action taken at the regular Council meeting on December 19, 1966, it was MOVED by Robinson, seconded by Lynch that Ordinance No. 872 relating to public safety and morals, prohibiting glue sniffing and adding a new section to the Yakima Municipal Code, be passed as read: carried, Brown, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Kurbitz voting nay on roll call. City Attorney Andrews explained that he had • rr�� 243 JANUARY 16, 1967 reviewed Ordinances of other cities, which had been requested by the Council at the regular meeting of December 19, 1966, and has found that the Ordinance as prepared, seems to be the most satisfactory for the purpose intended. Councilman Lambert stated that she had first suggested that this Ordinance be reviewed, and since City Attorney Andrews has done a lot of research and finds that this is by far the least objectionable, that she is in favor of the Ordinance as read. Councilman Kurbitz stated that in voting nay on the passage of this Ordinance that he "is not in favor of sniffing glue, but feels that this is an unnecessary Ordinance" and that he is in favor of helping our Police Department, but feels. that if there is such a problem, that an Ordinance should be prepared prohibiting the sale of glue. ORDINANCE NO. 872, AN ORDINANCE relating to public safety and morals; prohibiting the use of any glue cement or other adhesive for the purpose of, becoming intoxicated; and creating Section 6.04.107 as a new section of the City of Yakima Municipal Code. MOVED by Brown, seconded by Lynch that Ordinance No. 873 declaring buildings at 1110 S. Naches Avenue, to be a public nuisance and directing legal action for the purpose of abat- ing said nuisance, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, NicNeice and Robinson voting aye on roll call. City Manager Smith stated that this same matter had been before the Council previously and reviewed the minutes of meeting of January 4, 1965, February 8, 1965, and April 5, 1965, and reports from C. F. McCoy, Build - ing Inspector and referred to Ordinance No. 632, passed April 5, 1965, declaring buildings at 1110 S. Naches Avenue to be a public nuisance and directing legal action for the purpose of the abatement and removal of same. Mr. Smith further stated that since that time noth- ing further has been done and the buildings are in a worse condition than when the first action was taken in 1965. He showed several pictures taken recently by the City Attorney and Building Inspector to prove this point. Mr. Smith also stated that the Fire Marshall has reported that unauthorized entry can and has been made creating a fire hazard. City Attorney Andrews explained that sufficient time has passed, that it is felt that it would be propert to again reaffirm this action by passing this Ordinance. City Attorney Andrews also disclosed that this property owner has mortgaged his property since the first abate- ment action. Council members stated that they felt the Mortgage Company now involved in this property should be contacted before legal action is started, as the property owner is out of town and cannot be contacted. ORDINANCE NO. 873, AN .ORDINANCE declaring a residence building and out building at 1110 South Naches Avenue, Yakima, Washington, to be a public nuisance, and directing the City Attorney to commence an action to abate said nuisance. MOVED by Lynch, seconded by McNeice that Resolution No. D -1034 fixing the time of Hearing for February 13, 1967, on Petition No. 500, as filed on January 10, 1967, by Roche Fruit Company, Inc., requesting the Vacation of a portion of "F" Street, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. (Petition No. 500 is a new Petition and has not been referred to the Staff and Planning Commission.) City Attorney Andrews referred to the letter from Roche Fruit Co., requesting a right of way crossing agreement to permit them to expand their plant, and that at the Council meeting on December 12, 1966, the Council instructed.the Staff to do whatever necessary to grant that request. He further explained that an examination of the plat of the Roche property disclosed that the right of way which was originally believed to be a public utility easement is a dedicated public street called "F" Street and must first be vacated through the Roche property before Roche can expand their business. He also stated that the rest of the information necessary to grant this request will be in order to submit to the Council at the time of the Hearing on the Petition to vacate. RESOLUTION NO. D -1034, A RESOLUTION fixing the time and place for hearing on petition for vacation of a public street. .. MOVED by Lynch, seconded by Lambert that Resolution No. D -1035 authorizing the execution of an agreement with Wm. P. Harper & Son as Financial Consultant for the Airport Bond Issue, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. City Attorney Andrews explained that this agreement is identical to the Agreement with this Firm when they acted as Financial Consultants for the Street Improvement Bond Issues in 1963 and 1964. - RESOLUTION NO. D -1035, A RESOLUTION authorizing and directing the City Manager and the City Clerk to execute an agreement with Wm. P. Harper & Son & Company. MOVED by Lambert, seconded by Brown that Resolution No. D -1036 authorizing the execution of a revised easement agreement with Yakima Valley Transportation Company, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. City Manager Smith explained that on April 11, 1966, the City had entered into an easement agreement with Yakima Valley Transportation Company for the purpose of accommo- dating the widening and improving of a portion of Nob Hill. Boulevard, and that•Y.V.T. wishes to have Section 7 of said agreement amended so that if in the future the City should signalize any of the corners between 16th and 24th Avenues, it would not be at the expense of Y.V.T. RESOLUTION NO. D -1036, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a revised easement agreement with Yakima Valley Transportation Company. The Planning Commission reporting on Petition No. 496, filed by Max Seals, Englewood Height, Inc., and Walter and Marjorie Ott, requesting annexation of property located south of Englewood, between N. 58th and N. 60th Avenues, it was MOVED by Robinson, seconded by Brown that the Petition for Annexation filed by Max Seals, Englewood Heights, Inc. and Walter and Marjorie Ott, being Petition No. 496, be approved as meeting the requirements of law; that the City Manager and Mayor be authorized to convene a Review Board, as required by law, for a hearing and review of this proposed annexation; and that an order be prepared fixing January 30, 1967 as the time for a public hearing by the City Council on this petition: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. - 244 JANUARY 16, 1967 . The City Engineer, having submitted Architect Don Rothe's report on the construction work on Fire Station No. 4, at the Yakima Municipal. Airport and requesting that the third pay- ment amounting to $9,756.$7 be made, it was MOVED by Robinson, seconded by Lambert that said report be accepted and payment of $9,756.87 be made: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. City Manager Smith, stated that Frank Stein, Utilities Director, has requested authorization for Don Chadek and Dale McCollum -of the Domestic Water Division of the Water Department to make a one -day trip on January 1, 1967, to Portland, Oregon, to pick up a pump which will be returned, as it is cheaper to drive down and pick it up than to have it shipped, it was MOVED by Lynch, seconded by Robinson, that this trip be allowed with expenses paid: carried Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Kurbitz., seconded by Lynch that we do now adjourn at the hour of 9:53 P.M.: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. READ AND CERTIFIED ACCURATE BY . ' s- / DATE j/ 3 /a J C OUNCILMAN L / ' / /i' 4 DATE // 3 COUNC Li ATTEST: C I T Y C L E R K M A Y O R ■ • •