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HomeMy WebLinkAbout03/26/1962 Business Meeting1 `J 1 281 MARCH 26 1962 The City Council met in regular session, Mayor Bostic, Councilman Barber, Larson, Lemon, Maxwell, Morrissey and Robinson, City Manager Smith and City Attorney Andrews present on roll call. The invocation was given by Councilman Barber.. The minutes of the regular meeting of March 19, 1962 were approved as read. In accordance with action taken by the City Council at their regular meeting of March 19, 1962 with regard to the appeal from the decision of the. Planning Commission as to the rezoning 9f certain property at 1107 -09 West Yakima Avenue as filed by James LEI Scrimger and others, it was MOVED by Robinson, seconded by Barber that-the formal motion as prepared by City Attorney Andrews read by Councilman Robinson and incorporated herein as a part of these minutes, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrisey and Robinson voting aye by voice vote. A MOTION recommending the rezone of specific property located at 1107 and 1109 -A West Yakima Avenue in the City of Yakima from R -3 Multiple Family Residential Zone, to B -2, Local Business Zone; disapproving the recommendation of the Planning Commission that the petition for such re- zone be denied; and requesting a further- report of the Planning Commission. WHEREAS, after proper petition and due notice, a hearing was held before the City Planning Commission on February 6, 1962, upon the petition of Ted Poy and Toy Lim Yan, husband and wife; James M. Scrimger and Daisy Scrimger, husband and wife; and Freeman D. Scrimger and Mercedes Scrimger, husband and wife; hereinafter called the Poy- Scrimger petition, to rezone the property located at 1107 and 1109 -A West Yakima Avenue in the City of Yakima, Washington, more fully described as follows: Lots 21 and 22, Nob Hill Addition to North Yakima (now Yakima), according to the plat thereof recorded in Volume "A" of Plats, Page 78, records of Yakima County, Washington,; EXCEPT the following: Beginning at the South- west corner; thence North 71046' East along the South line 81.9 feet to the Southeast corner; thence North along East line of said lot 21.16 feet to a point.midway between said Southeast corner of the North line of Yakima Avenue to Capitol Addition to North Yakima (now Yakima); thence Southwesterly.to point of beginning; from R -3, Multiple Family Residential Zone, to B -2, Local Business Zone, and WHEREAS,. on February 12, 1962, said Planning Commission by letter notified the City Council of the City of Yakima of the denial of said petition by the City Planning Commission, and WHEREAS, thereafter, on the 16th day of February, 1962, the said petitionef appealed from the denial of said petition.to the City Council, and WHEREAS, a hearing was held by the City Council on said appeal on March 121 1962, which said hearing was continued until March 19, 1962, and WHEREAS, the City Council finds as a result of said hearing that to deny the petition would have the effect of depreciating the value of the property without increasing or otherwise affecting the value or use of other property in the same general area; that the portion of the property fronting on West Yakima Avenue has existed and has been used as business property for more than 30 years last,past and is presently being used as business property, and that the highest and.best use of such property is for business purposes, and WHEREAS, the Council further finds that the majority of property owners in the immediate vicinity of the property do not object to a change in the classification of the property from a residential zone to a business zone; and that the rezoning of the property will in no way interfere with the vehicular or foot traffic along West Yakima Avenue, nor with the widening of West Yakima Avenue as contemplated by the City of Yakima, and WHEREAS, the City Council further finds that the public necessity and convenience and general welfare would best be served by such rezoning, and the petition for a re- zone should be granted and the decision of the Planning Commission should be disapproved, now, therefore, THE CITY COUNCIL OF THE CITY OF YAKIMA DOES HEREBY MOVE: That the decision of the Planning Commission denying the Poy Scrimger petition for the rezone of property from R -3, Multiple Family Residential Zone, to B -2, Local Business Zone, of the aforesaid property located at 1107 and 1109 -A West Yakima Avenue in the City of Yakima, be disapproved; and that the Planning Commission of the City of Yakima be re- quested to make a further report to the City Council within 40 calendar days of the receipt of this Motion by the Planning Commission with respect to such rezoning; and that the Clerk of the Council be directed to deliver a copy of this Motion to the Planning Commission forthwith. MOTION CA"?RIED BY THE CITY COUNCIL OF THE CITY OF YAKIMA this 26th day of March, 1962. ATTEST: J. A. SMITH (S E A L) City Clerk /J THOMAS C. BOSTIC Mayor Also in accordance with action taken by the Council at their regular meeting of March 19, 19620 it was MOVED by Larson, seconded by Lemon that Resolution No. D -376 directing the City Attorney to commence condemnation proceedings to,acquire property for the Yakima Municipal Airport Clear Zone, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrisey and Robinson voting aye on roll call. RESOLUTION NO. D -376, A RESOLUTION directing the City. Attorney of the City of Hakima to comence condemnation proceedings to acquire property for the Yakima Municipal Airport clear zone. WHEREAS, it is necessary that the City of Yakima acquire property in the vicinity of the Yakima Municipal Airport for the purpose of establishing a clear,zone required by the Federal Aviation Agency, and •s r 282 MARCH 26, 1962 WHEREAS, negotiations for the purchase of certain parcels of property within the clear zone have been unsuccessful, and it is necessary that the City resort to con- demnation proceedings to acquire said parcels, now, therefore, BE IT RESOLVED -BY THE CITY CC UNCIL OF THE CITY OF YAKIMA: That the City Attorney is hereby authorized and directed to forthwith commence condemnation proceedings for the purpose of acquiring all those parcels of real property located in the Yakima Municipal Airport clear zone which have not been acquired by negotiated pur- chase. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL, this 26th day of March, 1962. (SEAL) THOMAS C. BOSTIC Mayor. This being the time fixed by the City Council for the hearing on the Appeal from the decision of the Planning Commission to deny the rezoning .of property at 8 North 8th Street as requested on Petition No. 125 and filed by the Mayfair, avern.,_Inc., Mr. Elery Van Diest;�tt;orney spoke for 'the petitioner and Mr. Kenneth Hawkin; , , °Tee�ta '.?RR�roperty owners in the area. A formal pro- test petition filed by Mr. R. D. Brittain and others, prior to this hearing, was read by the Clerk of the Council. Mr. Van Diest pointed out that the first 3 -lots on North 8th Street are now zoned for business and being used for business and explained that his client wishes to build a new building on the property in question providing for parking in front of the building rather than building on Yakima Avenue and providing -for parking on the North side of the building . Mr. Hawkins speaking for Mrs. Normandin, property owner next to the property in question, contended that this property was sold for residential property and is not business property and that busi-neE should not encroach upon residences. He also suggested that the zoning of the whole area should be considered in relation to the new by -pass highway and since the route of the highway is not established at this time, careful consideration should be given to developing zoning patterns in this area. He also related that it is un stood that a tin shop is to move into the building as a part p fthe Johnson Hardware operations /protested this type of business in a residential area, Mr.rlt1ian, property'-6wners in this area also protested the possibility of a sheet metal works, claiming that it will depreciate the residential property. Mr. Gordon Eisfeldt of Johnson Hardwaz speaking for the petitioner - �a 4-1­4' *1" claimed that the sheet metal shop will not be moved into the new building. Discussion with Mr. Finley, Planning Director determined that the Planning Commission is studying the zoning of this area with relation to the new by -pass highway. All persons having been heard both for and against this matter, it was MOVED by Robinson, seconded by Lemon that the City Attorney prepare the necessary legislation affirming the action of the Planning Commission and denying the rezoning of the property at 8 North 8th street: carried, Bostic, Lemon;,Maxwell - and..Robinson voting aye on roll call. Barber,-Larson and Morrissey voting nay. This being the last meeting of the City Council to be attended by Councilman Maxwell, it was MOVED by Larson, seconded by Barber that Resolution No. D -383 expressing appreciation and commend- ation for the services performed by Mr. Maxwell during his tenure as a member of the City Council, be passed as read: carried, by acclamation. RESOLUTION NO. D -3$31 A RESOLUTION of appreciation and commendation for the services performed by Lex Maxwell during his tenure as a member of the Yakima City Council. WHEREAS, Lex Maxwell has served as a member of the Yakima City Council since December. 21, 1960 and has, at all times during his tenure of office, accepted his re- sponsibilities and performed his duties conscientiously and in<.a highly commendable manner, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Council of the City of Yakima, acting on behalf of all the citizens of the City of Yakima, does hereby express its sincere appreciation and commends Counciln Lex Maxwell for his conscientious service to the City of Yakima during his tenure as a member of the Yakima City Council. ADOPTED BY THE CITY COUNCIL this 26th day of March, 1962. ATTEST: J. A. SMITH (S E A L) THOMAS-C. BOSTIC City Clerk Mayor Petition No. 134 having been filed with the City Clerk on March 20, 1962 by G. L. Pierce request- ing the rezoning of property located at 1304 West Lenox, it was MOVED by Maxwell, seconded by Morrisey that said petition be referred to the Planning Commission for study and recommendation: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye by voice vote. Petition No. 135 having been filed with the City Clerk on March 21, 1962 by Woodrow Edinger, re- questing the rezoning of property located at the Northeast corner of 12th Avenue and Baker Street; it was MOVED by Larson, seconded by Barber that said petition be referred to the Planning Commission for recommendation: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye by voice vote. A Notice of Intention to Commence annexation proceedings together with Petition No. 136 having been filed with the City Clerk by Frank L. Mooney and Carl Berkheimer on March 22, 1962, said petition praying for the annexation of certain property contiguous to the City located between North lst Street and North 3rd Street extended, it,was MOVED by Robinson, seconded by Larson that said Notice and Petition be received an(d referred to the Planning Commission for recommendation: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye by voice vote. A Notice of Intention to commence annexation proceedings together ,,ith Petition No. 137 praying for the annexation of certain property South of Nob Hill Boulevard and West of�Clinton Way having been filed with the City Clerk on the 22nd day of March, 1962, it was MOVED by-Robinson, seconded by Lemon that said petition be, received and referred to the Planning Commission for recommendation carried,- Barber, Bostic, Larson, Lemon, Maxwell, Morrisey and Robinson voting aye by.voice vote. Petition No. 138 having been filed with the City Clerk on the 22nd-day of March, 1962 requesting the formation of an L.I.D. for the construction of water mains and other appurtenances on the'East side of North 1st Street from Sycamore Avenue to Tamarack Avenue, it was MOVED by Barber, seconded by Larson that said petition be received and referred to the staff for recommendation: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and,Robinson voting aye by voice vote. n 1 1 1 E 1 1 r 283 MARCH 26, 1962 Moved by Larson, seconded by Lemon that Resolution No. D -377 authorizing the execution of an agreement with the Yakima County Humane Society for the confinement and care of animals impounded by the City of Yakima, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye by voice vote. Discussion pointed.out that this matter was submitted for bids and that the bid of the Yakima County Humane Society was the lowest and best bid. RESOLUTION NO. D -3771 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Agreement with the Yakima County Humane Society for the confinement and care of animals impounded by the City. WHEREAS, the City of Yakima does not have adequate facilities for the confinement and care of animals impounded under the ordinances of the City, and WHEREAS, the Yakima County Humane Society has made the best bid to the City to furnish impounding facilities and services and is desirous of entering into a contract wi the City to do so, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to enter into an Agreement with the Yakima County Humane Society for the confinement and care of animals impounded by the City, a copy of which Agreement is hereto attached and by this reference made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 26th day of March, 1962. (SEAL) THOMAS C. BOSTIC Mayor Moved by Barber, seconded by Robinson that Resolution No. D-378-authorizing the City Manager to negotiate with financial consultant firms for the purpose of selecting a firm to assist in the plans for financing expansions to the City's Sewerage system, be passed as read: carried, Barber Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye on roll call. Discussion pointed out that this assistance is deemed advisable in preparation for the issuance of bonds. RESOLUTION NO. D -37$, A RESOLUTION authorizing the City Manager to negotiate with financial con= sultant firms for the purpose of selecting a firm to assist in the plans for financing expansions to the City's sewerage system. WHEREAS, the City of Yakima contemplates certain expansion to its sewerage sytem, including expansion of the sewage treatment plant to provide sanitary treatment and.con- struction of sanitary trunk sewers, and WHEREAS, it is necessary to engage a financial consultant firm to assist in the plans for financing such expansions, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager of the City of Yakima is hereby authorized and directed to negotiate with financial consultant firms for the purpose of selecting a firm to be engaged, to assist,in the plans for financing expansions to the City's sewerage system, including expansion of the sewage treatment plant to provide sanitary treatment and construction of sanitary trunk sewers. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CI'T'Y COUNCIL this 26th day of March, 1962. (S E A L) THOMAS C. BOSTIC Mayor Moved by Robinson, seconded by'Barber that Resolution No. D -379 authorizing the renewal of a lease with Loren H. Miller, for one year or until February 3,..1963., on property located in the vicinity of the City Water Reservoir, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey, and Robinson voting aye on roll call. RESOLUTION NO. 379, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to renew a Lease with Loren H. Miller. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute a Renewal Agreement between the City of Yakima and Loren H. Miller for the renewal of a Lease dated February 3,-1960, for the period of one year from Februa 3, 1962, all as in said Renewal Agreement set forth, a copy of which is attached hereto and by this reference made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL THIS 26th day of March, 1962. (S E A L) THOMAS C. BOSTIC Mayor Moved by Maxwell, seconded by Morrissey that Resolution No.. D -380 authorizing the execution of a lease Agreement with R. C. Dunbar on property recently purchased by the City and called the "Sanford Property, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye on roll call. ( RESOLUTION NO. D -3$0) A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Lease Agreement with R. C. Dunbar: WHEREAS, the City of Yakima is the owner of certain farm property, common- ly called the "Sanford Property ", more fully described in the attached Lease Agreement., and WHEREAS, the City has received bids from prospective less.ees.::of said property, the best bid having been made by R. C. Dunbar, and WHEREAS, the City Council of the City of Yakima deems it to be in the A r MARCH 261 1962 best interests of the people of the City of Yakima to lease said farm property to said R. C. Dunbar for certain farm property owned by the City of Yakima, said property commonly called the "Sanford Property ", a copy of which Lease Agreement is attached hereto and-made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 26th day of March, 1962. (SEAL) THOMAS C. BOSTIC Mayor A resolution authorizing the execution of a modification of Airport Ground Lease agreement with Ralph R. Richardson on certain property at the Yakima Municipal Airport having been submitted to Council for study, said resolution was ordered set aside for one week or until the regular meeti of the City Council on April 2_, 1962. Moved by Robinson, seconded by Barber that Resolution No. D -381 granting special permission for the installation of an 8 inch fire service connection to serve the Valu -Mart building on East Mead Avenue as requested by the Howard S. Wright Construction Company, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrisey and Robinson voting aye on roll call. RESOLUTION NO. D -3$1, A-RESOLUTION granting special permission for the installation of an 8 -inch fire service connection. WHEREAS, application has been made by Howard S. Wright Construction Company to the Water Department of the City of Yakima-for the installation of an 5-inch fire service con- nection to serve the proposed Valu -Mart building to be located on East Mead Avenue within the City of Yakima on property described as follows: The West 360 feet of the East 450 feet of Lots 28 to 32, inclusive, and Lots 35 to 39, inclusive, Tennant & Miles Acre Tracts, as re- corded in Volume "B" of Plats, page 7, records of Yakima County, Washington; and WHEREAS, the City of Yakima Municipal Code, Section 7.6$-.275, specifies that no fire service connection larger than 6 inches in diameter shall be installed without special permission from the City Council, and WHEREAS, the City Council finds it to be in the best interest of the peopled of the City of Yakima to grant special permission for the installation of said connection, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That special permission is hereby granted by the City Council of the City of Yakima for the installation by the Domestic Water Division of the Public Utilities Department of an 8 -inch in diameter fire service connection to serve the proposed Valu -mart building to be located on East Mead Avenue within the City of Yakima on property described as follows: ATTEST: J. A. SMITH City Clerk The West 360 feet of the East 450 feet of-Lot ' s 28 to 32, inclusive, and Lots 35 to 39, inclusive, Tennant & Miles Acre Tracts, as recorded in Volume "B" of Plats, page 7, records of Yakima County, Washington. ADOPTED BY THE CITY COUNCIL this 26th day of March, 1962. (S E A L) THOMAS C. BOSTIC Mayor Moved by Lemon, seconded by Morrissey that Resolution No. 382 authorizing the City Manager to contract work, labor and materials without calling for bids, be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye on roll call. RESOLUTION NO. D -3$2, A RESOLUTION authorizing the City Manager to contract for work, labor and materials without calling for bids. WHEREAS, a portion of the 34 -inch wooden pipeline owned and used by the City of Yakima for the transmission of water has.depreciated to the extents that it is no longer usable, which portion of pipeline is approximately 75 feet long and located at approximately 902 North 29th Avenue in the City of Yakima, and WHEREAS, the Union Concrete Pipe Company of Parker, Washington, is present- ly installing concrete pipeline connected with the said wooden pipeline, which installation. is being performed pursuant to a contract between said company and the State Department of Highways, and WHEREAS, said company has offered to install a 36 -inch concrete pipeline to replace the aforesaid wooden pipeline at the same rates as such work, labor and materials are being.performed and furnished for the State under the aforesaid contract, and WHEREAS, the City Council finds that an emergency exists which affects the health,,safety and welfare of the people of the, City of Yakima, and that it is in the best inter- ests of the people of the City of Yakima that the said pipeline be immediately replaced without calling for bids for work, labor or materials, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager of the City of Yakima is hereby authorized to contract for work, labor and materials, without calling for bids, from Union Concrete Pipe Company to re- place with 36 -inch concrete pipeline a portion of the 34 -inch wooden pipeline owned and used by the City of Yakima for the transmission -of water, which portion of pipeline is approximately 75 feet in length and located at approximately 902'North 29th Avenue, Yakima, Washington, at the same rates as such work, labor and materials are being performed and furnished to the State of Washington by said company; provided, that the work of removing the existing wooden pipelines and bands be performed by City Irrigation Department personnel. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 26th day of March, 1962. (S EA L) THOMAS C. BOSTIC Mayor an 1 1 1 1 X85 MARCH 26, 1962 Manager Smith reported that approximately 270 of the persons receiving a questionaire on parking meters and' thefr' operatibrn. in the City of Yakima, have answered and that some constructive s'�9- gestions have been submitted. Mayor Bostic and City Attorney Andrews will be absent from the next meeting of the City Council on April 2, 1962. , 1 ATTEST• C T Y C L E R K C., �IAY OR N There being no further business to come before the Council, it was MOVED by Maxwell, seconded by Barber that we do now adjourn at the hour of 5:35 P.M.: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell, Morrissey and Robinson voting aye by voice vote. 1 ATTEST• C T Y C L E R K C., �IAY OR N