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HomeMy WebLinkAbout07/23/1962 Business Meetingr JULY 23. 1962 The City Coi.ancil met in regular session, Mayor Larson, Councilmen Brazier, Kurbitz, Lemon, Lynch, Munger and Robinson, City Manager Smith and City Attorney Andrews present on roll call. Councilman Munger gave the invocation. The minutes of the regular meeting of July 16, 1962 were approved as read. In accordance with action taken by the City Council on July 16, 1962 on the matter of the protest made by citizens living in the East Yakima Avenue area regarding the erection of a fence by the State Highway Department in connection with the interchange for the By Pass Highway, Manager, Smith reported that Mr. Wallace Foster, Construction Engineer for the State Highway Department, has advised him that the Highway Department will consider opening the fence for a one -way exit on to East Yakima Avenue.on a temporary basis or for a period not to exceed one year, if the City Council will present their request in writing and assume the expense involved. He further report- ed that the cost to the City will be nominal since city crews can do all of the work except that which must be done on the fence. MOVED by Kurbitz, seconded by Lemon that the City Manager be and is hereby authorized to take the proper steps to negotiate permissi.on to o.pen the East Yakima Avenue fence to one -way traffic and follow through and complete the job: Brazier, Kurbitz, Larson Lemon, Lynch, and.Munger voting ave by voice vote.`:- Robinson excused from voting since he owns property in the area. NIr. George Mc Laughlin, prop.erty owner in the area, expressed satisfaction with the Council's action. Mrs. Robert A. Gagnon, 7 North 11th Street, protested the temporary action stating that the need is for a permanent route:on ;and off East Yakima Avenue and they will not be able to refinance :Ior sell their property under the present arrangements. Councilman Kurbitz also protested the matter of a permanent fence and encouraged persons living in this area to continue their efforts to barg,- ,iri�,rith "higher -ups" to have it removed. Councilmen Lemon and Robinson assured Mrs. Gagnon that this is the only action that can be taken at this time since the State owns the property on which the fence is built and that this action will give the City time to work out the plans and financing for another access which will probably be improving "A" Street. In accordance ,,, -ith action taken by the City Council at their regular meeting of July 9, 1962, the, matter of zoning of the Seipp's and Yergen property and Petition No. 150 as filed by Glascam Builders and others, was brought on for discussion. MOVED by Brazier, seconded by Kurbitz that Petition No. 150 praying for the annexation of certain property South o.f Nob Hill Boulevard as filed by Glascam Builders and others, be accepted as filed including the requests for specific zoning: Brazier, Kurbits and Larson voting aye on roll call. Lemon, Lynch, Munger and Robinson voting nay on roll call. This motion lost for the want of a majority vote. In the discussion of the motion, Councilman Robinson pointed out that if the Seipp - Yergen property is included, the petition does not have the signatures of the owners of not less than 75 percent of the valuation as required by statue and suggested to those persons protesting the Planning Commissions proposed zoning that they can petition for rezone after the annexation is completed. Mr. George Twohy, attorney representing Mr. & Mrs. Herman Seipp and Mr. and Mrs. E. A. Yergen stated that his client: are not pushing for annexation a.nd they wish to be included only if they can be assured of B -2, Local Business Zoning instead of R -4 as proposed by the Planning Commission. It was also pointed out that this is still orchard property. Councilman Lynch opposed the motion stating that we do not wish to annex those who do not wish to be annexed and expressed his desire to go`along with the Planning Commissions recommendations stating that we need to incorporate more planning for future growth. Councilman Brazier protested:' 'the creating of islands in new annexations. Council- man Kurbitz stated that the population of the city has shrunk and this is an opportunity to annex a sizeable area and promote growth, that the Seipp - Yergen property is suited for business since it will be next to a M -1, Li.j7ht Industrial Zone and criticized the Planning Commission's attitude toward business. Mr. Lee Campbell reminded the Council that it has accepted the responsibility of giving service and maintenance to this area. Mayor Larson pointed out the importance of City - County Planning and protested creating an island in this area. It was then MOVED by Robinson, seconded by Lynch that Petition No. 150 be accepted excluding the Seipp - Yergen property with zoning recommendations as proposed by the Planning Commission: carried, Brazier abstained from voting on roll call; Kurbitz voted aye, announcing his intention to move for reconsideration; Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Mr. Frank Glaspey, Jr., Petitioner, asked what he must do to withdraw his petition and was informed by the City Attorney that it is past the time in the annexation proceedings when a petition may be withdrawn. It was also established that Mr. Campbell's promotional sales office is not a non - conforming use. Mr. Glaspey expressed disappointment that Council action is contrary to what he assumed at the time of filing. Mr. Campbell, expressing desire to file a petition immediately, requesting the rezon-= of a single lot was told that he cannot file such a petition until after the annexation has been completed. Also in accordance with Council action, Petition No. 151 as filed by C. L. Shelton was brought on for discussion. Mr. Fred Ve,lika.nji attorney for some of the petitioners, requested that this matter be postponed for one week:. He explained that he represents a number of oil companys whose investments of $50,000.00 per service station /he bel zves to be valuable to the economy of the City and in view of the Council's action on Petition No. 150, he did not want them to pass on his clients property at this time. He also criticised the Planning Commissions attitude toward business in the Citv of Yakima. He informed the Council that he has advised his clients to go ahead with the hamburger stand and service stations since he has a County permit to do so and asked the Council if they will bring a "Dr Meyers" type suit against his client if he does build. these businesses just prior to annexation. He was reminded that Dr. Meyers brought suit against the City in this instance. Dr. Meyers, being present, spoke on behalf of the Planning Commissions efforts to resolve his zoning problem: Councilman Kurbitz asked Mr. Velikanji if his client would not build the hamburger stand if he was allowed to build the service stgtions and Mr. Velikanji indicated that he would. Councilman Robinson expressing his favor of the Planning Commissions proposal for zoning the property described in Petition No. 151 MOVED and Councilman Kurbitz seconded that further discussion of Petition No. 151 as filed by C. L. Shelton and others be postponed for one week or until the regular meeting of July 30; 1962: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Moved by Munger, seconded by Lemon that Ordinance No. 365 which appropriates $1,129.00 from the Current Expense Fund to the 1962 Budget, for the Finance Department and which was read in its entirety at the regular meeting of the Council on July 16, 1962 and laid on the table for one week and which was read by title only at this meeting, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 365, AN ORDINANCE appropriating the sum of $1,129.00 from the unappropriated moneys in the Current Expense Fund to Account 6 -11, Movable Equipment, of the Capital or Better- ment classification of the 1962 appropriation for 12 - Finance Department.. 1 1 1 1 1 rl� 335 JULY 23, 1962 Moved by Robinson, seconded by Munger that Ordinance No. 366 which appropriates $520.00 from the Current Expense Fund to the 1962 Budget for the Inspection Department and which was read in its entirety at the regular meeting.of the Council on July 16, 1962 and laid on the table for one wee and which was read by title only at this meeting, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 3669 AN ORDINANCE appropriating the sum of $520.00 from the unappropriated moneys in the Current Expense.Fund to Account 6 -11, Movable Equipment, of the Capital or Betterment classification of the 1962 appropriation for 23 - Inspection Department. An Ordinance appropriating the sum of $23,580.00 from the Street Fund to the Arterial Street fund classification of the Street Departments 1962 Budget, having been read in its entirety by the Clerk of the Council, was ordered Paid on the table for one week to be read and considered at the next regular meeting of the Council July 30, 1962. The City Engineer submitting the following semi -final estimates for work performed on City proj- ects during the month of June for approval and payment - Lincoln Ave.- Sunset Dr. & Various Residential Streets W2 No. 35th Ave. & N.34th Ave. Westover Drive & No. 45th Ave. S2 Douglas Dr. & N Naches Ave. So. 44th Ave. & S2 Arlington Broadmoor &- Broadmoor #2 Superior Asphalt & Concrete Co. 120.91 rr rr rr LID #892 39.26 n rr rr LID #893 21$.40 rr rr ►r LID #894 153.63 LID ##895 34.21 rr rr n LID #896 -0- it was MOVED by Lemon; seconded by Robinson that the Engineers report dated July 20, 1962 setting forth said estimates be approved and the estimates therein set forth be approved and payment be authorized: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger, and Robinson voting aye by voice vote. Manager Smith reporting that Paul Goode has been reappointed to the Board of Adjustment on July 261 1962 for period of six years or until July 25, 1968, it was MOVED by Kurbitz, seconded by Lemon that the Council confirm said appointment: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by Brazier that we do now adjourn at the hour of 5:10 p.m.: carried, Brazier, Kurbitz, Larson, Lemon Lynch, Munger and Robinson voting aye by voice vote. ATTEST: _ /C ;;1;T Y C L E R K * *y Correction ordered at the regular meeting of AuP st 6, 1962. M A Y 0 R LA