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HomeMy WebLinkAbout09/16/1959 Business Meeting�5G2 SEPTEMBER 16, 1959 The City Council met in regular session, Mayor Bostic, Councilmen Barber, Burns, Coombs, Larson, Oliver, Robinson, City Manager Allison and City Attorney Arntson present on roll call. Invocation was given by Councilman Burns, The minutes of the regular meeting of September 9., were approved as read. This being the time fixed by the Council for the hearing on the recommendation of the Planning Commission to rezone certain property located South of Tieton Drive between 36th and 38th•Avenues and there being 100 persons more or less in attendance,'the Council heard testimony both for and against said recommendation. Kenneth Hawkins, Attorney for Dr. A. J. Meyer, owner of a portion of the property to be rezoned, and petitioning for said rezoning, contended that this property through gerrymandering was annexed to the City and that before being annexed a building permit had been issued by the County, that his client had been planning the building of a shopping center for the previous two years and the people in this area knew.6f these plans, that the property should be zoned as B -1 since there are existing businesses in the area and.that the residential development has been toward the higher ground. He stated th9t 70 to 75% of the property owners who own property abutting this property are in favor of the rezone action and asked the Council not to legislate against competition. Don Tunstall, Attorney representing those whose signatures appear on petitions filed with the City Clerk on this date and protesting the recommendation of the Planning Commission, brought forth a map of the area showing the location of businesses in the area and con- tending that a shopping center must have the business within the-radius of one mile in order to stay in business and, by placing a circle on the map, showed that there would be more than one shopping center within the mile area. He also contended that the School children going, to Eisenhower High School and Wilson Junior High School would•be further endangered by the additional.traffic on Tieton Drive.. Attorney C. W. Halverson, working with Attorney Tunstall on this matter, called on Stan Haney, a real estate agent, who testified that in his experience the construction of a shopping center does devalu- ate the property adjoining as residential property, however, this same property would become more valuable as business property or multiple family dwelling property. Dick Smith, Attorney representing Mrs. Card, owner of the remaining property to be rezoned, contended that plans for the shopping center in this area had been in the making for the past 3 years and this is the highest and best use for said property and if the recommendation of the Planning Commission is not granted, this property will be divided up into small lots as that is all the area will support, and that a large shopping center in this area will bring in buiness for all shopping centers. Ralph Korn, an independent appraiser, said that he had analized five recent sales in the area and he had found no devaluation of property in any of these sales. R. B. Caldwell a Seattle Realator, felt that the rezoning would jeopardise outside interest, that they should be able to depend on the existing zoning. The Labor Council went on record as being in favor of the City' Planning Commissions recommendation in a letter read by the Mayor and the testimony of a representative. The Hattie Stone Guild of the Valley Osteopathic Hospital also went on record as favoring the rezoning in a letter read by a member of said Guild. Mr. Higgins a representative of the Albertson Company of Boise Idaho, wh6ri questioned about plans which had been submitted to the Council, stated that these plans were only suggest- ed plans as they are unable at this time to say what type of stores will be in the center except for their food market. Also Mr. Higgins informed the Council that if they did not build this shopping center, Albertson Company would probably build individual food markets as they are and have been -interested in the Yakima area for some time. All persons haveing been heard both for and against said rezoning recommendation and the City Manager and the City Council stating that the decision would b sed o good planning for the City .of Yakima, the Mayor closed the hearing and/p l t 8R 1 ction until the 30th.day of September, 1959. -(MOTION OMITTED see corrections on page 564) A hearing having been held by the Council on September 9, 1959 on the recommendation of the Planning Commission to ammend the zoning code, Ordinance No. B -2095, Sections 700 and 800, and the City Council wishing to amend the recommendation to include prescrip- tion pharmacLes_and prescription opticians, it was MOVED by Coombs, seconded by Barber that Resolution No. D -36 modifying the recommendation of the Planning Commission for said amendment and requesting the Planning Commission to make a further report to the City Council with respect to the modification of said amendment within 40 days, be passed as read: carried, Barber, Burns, Coombs, Larson, Oliver, Robinson and Bostic voting aye by'voice vote. RESOLUTION NO. D -36, A RESOLUTION modifying the recommendation of the Planning Commissio: for the amendment of Section 700, and approviiag the recommendation of the Planning Commission for the amendment of Section 800 of Ordinance No. B -2095 of the City of Yakima, and requesting a further report of the Planning Commission within 40 calendar days. WHEREAS, on August 4, 1959, at a regularly scheduled meeting of the Planning Commission of the City of Yakima, certain recommendations were made with respect to the amendment of Section 700'and Section 800 of Ordinance No. B -2095 of the City of Yakima, as amended, and WHEREAS, a hearing was had upon said recommendation before the City Council of the City of Yakima at a regularly scheduled meeting of said City Council, on CD September 9, 1959, and WHEREAS, the City Council believes that it is in the best interest of the people of the City of Yakima to modify the recommendations of said Planning Commission as hereinafter set forth, now therefore, BE IT RESOLVED °Y THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That the recommendation of the Planning Commission with respect to the amendment of Section 700 of Ordinance No. B -2095 should be modified to read as follows, to -wit: Section 700: LAND USE. In a B -1 Zone, no`bu.ilding shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as hereinafter I I. 1 1 C 1 SEPTEMBER 16, 1959 specifically provided and allowed by this Article, subject . to the provisions of Article 14 governing off - street parking requirements. In a B -1 Zone, the following uses only are permitted: 1. Multiple family dwellings and apartment houses. 2. Medical and Dental clinics, including establishments dispensing pharmaceutical and optical prescriptions only. 3. Professional office buildings for' use of architects, accountants, engineers and lawers. " 4. Kindergartens and nursery schools. 5. Churches, provided they meet the requirements and standards as specified for the same use in an R -1 Zone, 6. Swimming pools, provided they meet the requirements and standards as specified for the same use in an R -1 Zone. 7. Special property uses specifically allowed in a B -1 Zone. Section 2. That the recommendation of the Planning Commission to amend Section 800 of Ordinance No. B -2095 by adding thereto Paragraphs No. 29, 30 and 31, which shall read as follows: Section 800: Land Use. 29. Administrative office buildings. 30. Real estate and insurance offices. 31. Federal and State Ranks, and Savings and Loan Associations. should be approved and that final action by the City Council thereon be held in abeyance pending action upon the matter contained in Section 1 of this Resolution. Section 3. The Planning Commission of the City of Yakima is here- by requested to make a fu.rtrer report to the City Council with respect to the modifica- tion of the recommendations of said Planning Commission as set forth in Section 1 here- of, and the Clerk of the Council is directed to deliver a copy of this Resolution to said Planning Commission forthwith. Section 4. In the event that the said Planning Commission fails to act within 40 calendar days after the receipt of a copy of this Resolution, the City Council will, by ordinance, adopt the amendments to Ordinance No. B- 2095.as set forth in Sections 1 and 2- thereof. ADOPTED BY THE CITY COUNCIL this 16th day of September, 1959• ATTEST: J. A. SliITH (S E A L) THOMAS C. BOSTIC C16rk of the Council Mayor COUNCILMAN ROBINSON EXCUSED. Moved by Larson, seconded by Oliver that Resolution No. D -37 authorizing the City Manager to execute a contract with the Central Washington Faih to lease a space on the mezannine floor of the Agriculture Building for the purpose of placing and maintaining a joint City and County Planning-Display and authorizing the expenditure of $50.00 for the rent of space to be used, be passed as read and that the display be subject to the approval of the City Manager: carried, Barber, Burns, Coombs, Larson, Oliver, and Bostic voting aye by voice vote. Robinson absi5nt. COUNCILMAN BURNS EXCUSED. A petition, being Petition No. 16, petition for the construction of a domestic water system by the formation of a local improvement district, having been filed by the Yakima School District No. 7, it was MOVED by Coombs, seconded by Oliver that dsaid petition be referred to the City Manager for action.: carried, Barber,-Z1100,11 Coombs, Larson, Oliver, V\and Bostic voting aye by voice vote. Burns and Robinson absent. RESOLUTION NO. D -37,. A RESOLUTION authorizing the City Manager to execute a contract with the Central Washington Fair. WHEREAS, the Central Washington Fair will be held at the Fair- grounds adjoining the City of Yakima, Washington between September 30 and October 4, 1959, and WHEREAS, it is deemed advisable to participate in a joint City and County Planning Display, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager and City Clerk of the City of Yakima are hereby authorized to enter into a lease agreement with the Central Washington Fair to lease Space 4 and .5 on the mezannine floor of the Agriculture Building for the purpose of the placing and maintaining therein a.joint City and Cou.ntyPPlanning Display, and are further authorized to spend the sum of $50.00 from the proper fund and appropriation of the City of Yakima as rent for such space. ADOPTED BY THE CITY COUNCIL this 16th day of September, 1959. ATTEST: J. A. SMITH (S E A L) THOMAS C. BOSTIC Clerk of the Council Mayor Moved by Barber, seconded by Larson that the Preliminary Budget as submitted by the City Manager, be accepted by the Council and filed with the City Clerk in accojzdance with the State Law: carried, Barber_, ,'Coombs, Larson, Oliver, Ind Bostic voting aye by voice vote. Burns and Robinson absent. 563 I 564 SEPTEMBER 16, 1959 The City Manager, expressing the desire to further machine operations in the City Treasurers Department and stating that he can buy this years model of a National Cash Register TI phin8isbe'n the same type of bookkeeping machine now in operation in this departmen , it wasp by Larson, seconded by Oliver that the City Manager be and is hereby authorized to purchase said machine in accordance with his request: carried, Barber, ,'` OCoombs, Larson, Oliver, NNOWand Bostic voting aye by voice vote. Burns and Robinson absent. Moved by Coombs, seconded by Barber that the City Attorney be and is hereby authorized to attend the State Bar Association meeting �1- Spokane, Washington at the expen *e of the City of Yakima: carried, Barber, , bombs, Larson, Oliver, ;wand Bostic voting aye by voice vote. Burns and Robinson absent. There being no further business to come before the Council, the Mayor declared the meeting adjourned at the hour of 6:30 P.M. -v' M A Y "0 R ATTEST: " R of the C-0 U N C I L The above minutes, having been read at the regular meeting of September 23, 1959, were ordered corrected as follows: "to include establishments dispensing pharmaceutical and optical prescriptions only." The following motion was inadvertently omitted: - "Moved by Barber, seconded by Oliver that the City Clerk, request from the. Planning Commission, a written report setting forth the factors which guided them in making their recommendation to rezone the property located South of Tieton Drive between 36th and 38th Avenues: carried, Barber, Burns, Coombs, Larson, Oliver, Robinson and Bostic voting aye by voice vote. of the C 0 Y? N CI L 1 "'. l 1