Loading...
HomeMy WebLinkAbout08/19/1963 Business Meeting1 I 459 AUGUST 19, 1963 The regular.and recess meeting of the City Council was called to order by Mayor Larson at the hour of 8:00 o'clock P.M. Councilmen Brazier, Lemon, Lynch, Robinson and. City Manager Smith and City Attorney Andrews were present on roll call. Councilman Kurbitz present after 8:20 P.M. Councilman Munger absent and excused The invocation was given by Councilman Lynch. The Minutes of the regular meeting of August 5, 1963 and August 12, 1963 were approved as read. A Notice of Intention to commence Annexation Proceedings having been filed with the City -Clerk on August 9, 1963 by E. A. Yergen and others declaring the`- intention of the signers to comment( annexation proceedings to have certain property contiguous to the City of Yakima located South of Nob Hill Boulevard between 24th and 28th Avenue, annexed to the City, Mr. George Twohy, Attorney representing the signers of said notice, explained that his clients, Mr. E. A. Yergen, Mrs-Elizabeth Yergen, Mr. Herman Seipp, Mrs. Elsie Seipp and Mrs. Bertha Seipp Rolff, do now wish to add to said annexation proceedings, the six acres east of the property described in said notice, which is also owned by the Seipps family. All of said signers being present at this meeting except Mrs. Bertha Seipp Rolff, Mr. Twohy explained that Mrs. Rolff has given Power of Attorny to her brother, Mr. Herman Seipp. Upon the request of City "Attorney Andrews, Mr. Twohy and all of the signers' pre sent ,Ca�ly appr�� reed the -ender © -aidy- notice to ir�E- lyde --tl�e fell de er- bed- �r -o-pe tyy ,rA�so he- io - these -st Qr�arte -ef -the No tSh- west -- Quarter -�of the- So�zth- EY,@,st• -- Qua -rte -r ef--S&c- ti, ©n~•- .26,-,-- T.Gwrn- ship -13- .N:ort,h., R� tinge —1,8 E,- --W.:. -,M, Except- th•e.- .North•-- 2Lv2 -,e8- feet - -and E-x -p 214- th --- Av- e•nu•e—al•ang th•-e We- st•- -s r- de— t•hee•of11. On further discussion it was noted that the streets were bein -g excepted and upon the request of the City Attorney, Mr. Twohy and the signers of said notice; ora- l- l-y- -ap.pr -owed- th-e -deletion of. •'-!Except roads- along- the north and east sides th -ereof and - -easements" -and. "Except 24th -- Avenue - - -a -long the - West -- side--- th- e-reof ", from said notice. It was then MOVED by Robinson, seconded by Brazier that the Annexation proposed by E. A. Yergen and others, be accepted by the City of Yakima and that the area to be annexed be required to assume its share of the City's indebtedness: carried, Brazier, Kurbitz, Larson, Lemon, Lynch anc Robinson voting aye by voice vote. Munger absent. Mr. Twohy then explaining. that time is of th( essence in this matter and requesting that he might file the petition praying for the annexation of this property, at this time, and it having been established that said petition was signed by E. A. Yergen, Elizabeth Yergen, Herman Seipp,;_Elsie Seipp• and Bertha'.-Seipp Rolff and that 'said petition described all of the property agreed to in the—Notice of Intention and these signers = =� =' again- Taireen� •�- o:ra- l:l- _y_._t•ha:t� th. e�- d•e- 1•et�on•s�made,_�.fr.® mgt• h. e�A• N: ot�Ee- ��th- �r-- eg�rd�o- �tre•eyt- s•- �sk�•o�z�d- •�al�� be�ma- eke- t�a.e- �•ea:. ©- r�sPe- -tt�xi, it was MOVED by Lemon, seconded by Lynch that Petition No. 222 be accepted and that it be referred to the City Manager and the Planning Commission for study and recommendation: carried, Brazier, Kurbitz, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Munger absent. Petition No. 221 having been filed with the City Clerk on August 12, 1963 by Starliter Inc., requesting the vacation of Perpetual Sewer Easement, it was MOVED by Brazier, seconded by Lemon that said petition be referred to the City Manager and Staff for study and recommendation: carried, Brazier, Kurbitz, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Munger absent. This being the time fixed by the City Council for the hearing on the appeal from the Planning Commission's decision with regard to the rezoning of certain property located at Baker Street and 12th Avenue as requested by Woodrow Edinger on Petition No. 212, Mr. Dick Smith, Attorney representing Mr. Edinger, explained that his client is appealing the decision of the Planning Commission, as he feels that they have not, in their discussion of the matter, necessarily impli- ed it to be bad planning, but that the rezone was not timely. He further explained that his client has two lots on which he planned to build a sixplex, costing approximately $50,000.00 which can be rented from $80.00 to $100.00 per unit. He pointed out that there is need for adequate housing for students and faculty due to the continual increase in enrollment and the rapid development of the college to the South of this property. Property owners in the vicinity of the proposed rezone attending this meeting and protesting this action were,Mr. Ira Meyer, Mr. Joe Nobobielski, Mrs. Frank Fulmer, Mrs, Ramjue, Mr. John Koss, Mr. and Mrs. Riley Williams and Bernice Lofgren. They indicated that these lots were too small for this type of structure, that the alley behind the property is too narrow, that this type of structure will create parking problems. Mr. Williams and Mr. Koss stated that when they purchased their property they were told it would remain R -2 Zone and further indicated that this action will decrease the value of their property. Councilman Robinson indicated that the tv�o lots would be better suited for two duplexes, that-he is concerned about the crowded conditions of a sixplex and the narrow alley and street to the south of the lots. Councilman Brazier indicated that he does not see suf ficient. reason for the rezoning at this time. Councilman Lynch and Lemon stated that they souldl abide by the decision of the Planning Commission and Councilman Kurbitz stated that he felt that progress in this area is inevitable because of the expansion of the college and that he thereforE favors the rezone. A motion recommending the rezone of the property located at South 12th Avenue and Baker and a Resolution affirming the Planning Commission's desision with regard to the rezon- ing of this property, having been submitted to the Council for consideration, it was MOVED by Robinson, seconded by Lemon that the resolution affirming the Planning Commission decision with regard to said property, be read and considered: carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Kurbitz voting Nay by voice vote. Munger absent. It was then MOVED by Robinson, seconded by Lemon that Resolution No. D -586 affirming the action of the Planning Commission in denying the rezone of property located at South 12th Avenue and Baker from R -2 to B=3, be passed as read: carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Munger absent RESOLUTION NO. D -586, A RESOLUTION affirming the action of the City Planning Commission in denying the application of Woodrow Edinger to rezone certain property located at the northeast corner of South 12th Avenue and Baker Street in the City of Yakima from R -2, Two Family ResidencE Zone, to R -3, Multiple Family Residence Zone. This being the time fixed by the City Council for the hearing on the appeal from the Planning Commission's decision with regard to the rezoning of certain property located at 201 Hall Avenue . as requested by Michael Polo on Petition No. 213, Mr. Tom Grady, Attorney representing Mr. Polo, requested the Clerk of the Council to change the legal description on Petition No. -213, to read the "East 105.3 feet of the West 135.3 feet of the South 66.6 feet of the North 293 feet, Block 11, Cottage Hill Addition. Mr. Grady then explained that his client wishes to build a building in which to locate his own three chair barbershop and have one rental space, that he will providE off - street parking for this building and that he will build a residence type roof and a screenin wall at the rear of the building. He also indicated that his client together with others in the area should have petitioned for the rezone to B -2, Local Business Zone to avoid /zoning and filed spot (See corrections page 461) F, x.. 6 0 AUGUST 19, 1963 with the Clerk of the Council, a Petition, making this request and signed by property owners immediately adjacent to the North side of Summitview Avenue .between Custer and Hall. Mr. Grady then- requested that the Council favor Mr. Polo's request and make a.declaration to the Plannin, Commission stating their intention to rezone a strip between Custer and Hall Avenue. Mr. Leroy Cronkhite, Don Ueberlocker, Mr. and Mrs. Paul Quist and Mrs. Russell, property owners in this area protested the rezoning of the Polo property, indicating that;,- they feel that there is enough business zoning near this area, that it will decrease the value of residential property and that it will createtraffic problems since Hall Avenue is a short street. Mr. Paul Quist filed with the Clerk of the Council a written protest signed by seven property owners protesting the spot zoning of 201 Hall Avenue. Mrs. Russell, an adjacent property owner indicated that she would favor the Polo rezone if her property were alos rezoned. Councilman Robinson stated that this request is for spot zoning and that it is not necessary to the development of this area, therefore he is not in favor of this action. Councilman Kurbitz indicated that he is in favor of the rezone since it will improve the area with a new modern building. It was suggested that those property owners wishing to have their property rezoned between Custer and Hall Avenue, file a new petition with the Planning Commission requesting consideration for the rezoning of a strip between Hall and Custer. A Motion recommending the rezone of certain property located at 201 Hall Avenue and a Resolution affirming the action of the Planning Commission in denying the application of Michael A. Polo to rezone 201 Hall Avenue, having been submitted to the Council for consideration, it was MOVED by Kurbitz, seconded by Brazier that the Clerk read the Motion recommending the rezone of =,= said property: carried, Brazier, Kurbitz, Larson, Lynch and aye by voice vote. �. g~° y y Munger absent. It was the n MOVED by Kurbitz, seconded by Brazier Lemoni1vo�n nay b voice vote. that said Motion recommending the rezone of said property from R -3, Multiple - Family Dwellings, to B -2, Local Business Zone, be passed as read: Brazier and Kurbitz voting aye on roll call. Larson, Lemon, Lynch and Robinson voting nay on roll call. Munger absent. This motion was lost for the want of a majority vote. It was then MOVED by Robinson, seconded by Lynch that the resolution affirming the action of the City Planning Commission in denying the application of Michael A. Polo to rezone the property located at 201 Hall Avenue, be read: carried, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Brazier ardi Kurbitz voting nay by voice vote. Munger absent. Then it was MOVED by Lemon, seconded by Lynch that Resolution No. D -587 affirming the action of the City Planning Commission in denying the application of Michael A. Polo to re- zone that property located at 201 Hall Avenue from R -3, Multiple- Family Dwellings to B -2, Local Business Zone, be passed as read: carried, Larson, Lemon, Lynch, Robinson voting aye on roll calll. Brazier and Kurbitz voting nay on roll call. Munger absent. RESOLUTION NO. D 5872 A RESOLUTION affirming the action of the City Planning ,Commission in deny- ing the application of Michael A. Polo.to rezone certain property located at 201 Hall Avenue in the City of Yakima from R -3, Multiple Family Residence Zone, to B -2, Local Business Zone. An ordinance appropriating the sum of $14,572.00 from the unappropriated moneys of the 1962 Street Improvement fond Redemption Fund to the 1963 Budget for Bond Interest of .the' Interest and. Debt Redemption classification in the Street Improvement Bond Redemption Fund, was read in its entirety and ordered laid on the table for one week or until the next regular meeting of the City Council on August 26, 1963. In accordance with action taken by the Council at their regular meeting of August 5, 1963, it was MOVED by Robinson, seconded by Brazier that the ordinance relating to traffic control and pro- hibiting and regulating parking on certain city streets, be passed as read: After due considera- tion and discussion, it was MOVED by Robinson, seconded by Brazier that said ordinance be amended by deleting section "a" and "b" and corrected to read "Both sides of Lincoln Avenue from 5th Avenue to 16th Avenue ": carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Kurbitz voting nay by voice vote. Munger absent. Councilman Robinson explained that after review9inig the Engineers Report on the traffic count and other pertinent information regarding Lincoln Avenue, he feels that limited parking hours on an arterial is not feasible, explaining further that it would be confusing to the motorists and create traffic hazzards for drivers and pedestrians and that if parking is eliminated traffic will move more freely. Mrs. Ebbert, Mrs. Oliver and Mrs. Lynd protested the elimination of parking on Lincoln Avenue. All persons having been heard on this matter, Mayor Larson called for a roll call vote on the original motion to pass Ordinance No. 459 as amended and the motion carried. Brazier, Larson, Lynch and. Robinson voting aye aryl" Kurbitz and Lemon voting nay. Munger absent. ORDINANCE NO. 459, AN ORDINANCE relating to traffic control and prohibiting and regulating park- ing on certain City streets within the City of Yakima; and amending Section 9.36.070 of the City of Yakima Municipal Code. COU 'CILMAN KURBITZ excused at the hour of 11:40 P.M. A resolution authorizing a temporary loan of $7,826.00.from the 1962 Street Improvement Construc- tion Fund to the 1962 Street Improvement Bond Redemption Fund, having been submitted to the City Council for consideration, it was MOVED by Robinson, seconded by Lynch that said resolution be held over until the next regular meeting of the Council on August 26, 1963: carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Munger and Kurbitz absent. An appeal from the Planning Commission's decision having been filed on August 9, 1963, by Kenneth C. Hawkins, Attorney representing J. E. and Mary Baumgardenr in the matter of rezoning certain property located at 3$01 Tieton Drive, it was MOVED by Brazier, seconded by Lemon that the date of hearing by the Council be fixed for the 16th day of September, 1963 at the hour of 8:00 o'cloc P.M. and that due notice be given by publication and in writing to all interested parties: carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Kurbitz and Munger absent. The following bids having been received by a Bid Board on August 12, 1963 for the construction of Domestic Water Mains on Tieton Drive, South 24th Avenue to South 32nd Avenue: Kenneth Beck, Moses Lake 262049.92 Lester Johnson Co., Spokane 26,714.48 DeBlasio Bros., Yakima 262975.00 Bill's Septic Service, Yakima 279950.47 S. Nelson Plbg. & Heating, Sedro Wooley 11133J70.61 and Public Works Director, John Mayo, recommending the bid of, Kenneth E. Beck as the lowest and best.bid, it was MOVED by Lynch, seconded by Lemon that the-bid be awarded to Kenneth Beck, of Moses Lake and the City Manager be and is hereby authorized to enter into a contract with said contractor upon the filing of the proper bond and insurance by him: carried, Brazier, Larson, Lemon, Lynch, and Robinson voting aye by voice vote. Munger and Kurbitz absent. Matters of finishing driveways in the 40th Avenue project were discussed with Mr. C. W. Barton. 1 1 1 1 1 1 4.61 AUGUST 19, 1963 There being no further business to come before the Council, it was MOVED by Lynch, seconded 'by Brazier seconded that we do now adjourn at the hour of 12:07 P.M.: carried, Brazier, Larson, Lemon, Lynch and Robinson voting aye by voice vote. Kurbitz and Munger absent. ATTEST I The following are corrections ordered by the Council August 26, 1963: reaffirmed their signatures to the Notice of Intention to Commence Annexation Proceedings and it was amended to change the property description as follows: "Also the Northwest Quarter of the Northwest Quarter of the Southeast Q>>>arter of Section 26, Township 13 North, Range 18 E.W. �. Except the North 242.8 feet and Except 24th Avenue along the West side thereof ". again reaffirmed their signatures to the Annexation Petition after the legal description of the property to be annexed was amended to exclude therefrom "Except roads along the North and East sides thereof and easements" and "Except 24th Avenue,along the -West side thereof" and = Vote of Councilmen recorded in error. Should read as follows: "carried, Brazier, Kurbitz, Larson, and-.Lynch'voti.ng aye by voice vote. Lemon and Robinson voting nay by voice vote."