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HomeMy WebLinkAbout09/30/1963 Business Meeting1 1 1 471 SEPTEMBER 30, 1963 The City Council met in regular session, Mayor Larson, Councilmen Brazier, Lemon, Lynch., Munger'and City Manager Smith and City Attorney Andrews present on roll call. 'Councilman Kurbitz and Robinson absent and excused. il The Invocation was given by Councilman Brazier. The Minutes of the regular meeting of September 16 and 23rd, 1963 were approved as corrected. This being the time fixed by the Council for the Hearing on the appeal as filed by James E: & Mary L. Baumgartner to rezone certain property located at 3801 Tieton Drive, from R -1 ; Single Family Residence to B -2, Local Business Zone, Mayor Larson called on Kenneth Hawkins, Attorney for Austin Quist the owner of property. Mr. Hawkins stated that the Baumgartners wish to pur- chase the property from his client to be used for a Photography'Studio. Mr. Hawkins asked the Council to approve this rezone, stating that it is in accordance with the Comprehensive Plan adopted by the Council in August, 1957. Mayor Larson informed Mr. Hawkins that 25 families in the area had registered protest to the rezone. In discussion, Councilmen generally expressed favoring the Planning Commission's decision to deny this rezone. Attorney Hawkins stated that if the.Council denied the rezone it could be a legal violation. of the.adopted Comprehensive Plan. Councilman Munger and other Councilmen stated the Plan was a guide, and not a fixed set of rules. Mayor Larson read exerpts from the Comprehensive Plan which indicated the flexibility of the it. In the discussion it was determined that the Petitioners were not present at the Planning Com- mission meeting and the Council advised the petitioners that they should have been present. Councilman Lynch stated that if there is any question of illegality, he would prefer that the matter be referred back to the Planning Commission for further study. It was MOVED by Lynch, seconded by Brazier that the motion recommending the rezone of certain property at 3801 Tieton Drive in the City of Yakima from R -1 to B -2 zone, disapproving the recommendation of the Planning Commission that the petition for such rezone be denied, and requesting a further report of the Planning Commission be passed as read: carried, Brazier, Larson, Lemon, Lynch and Munger voting aye by voice vote. It was then MOVED by Lynch, seconded by Munger that the motion as read be paws-ed. During discussion the Council stated they did not wish to go on record as §eing against the decision of the Planning Commission, but wanted to remand this matter in order that the . Comprehensive Plan might be considered in the matter of this rezone. City Attorney Andrews then suggested that a new motion be drawn for next week's meeting cit *ng the proper reason by the Council for the remand, Councilman Lynch then withdrew his motion, with the consent of C. Munger. It was then MOVED by Lynch seconded by Munger that the City Attorney be authorized to prepare a new motion giving the reason for the referral back to the Commission, to be presented at the next regular meeting of Oct. 7, 1963: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye by voice vote. Kurbitz and Robinson absent. This being the time fixed by the Council for the hearing on Petition No. 198 and No. 203 as filed by Leonard Lecour and others, and A. E. Clift and others for the construction of Sewers, and there being no protest in writing or otherwise, it was MOVED by Lemon, seconded by Munger that Ordinance No. 463 creating L. I. D. NO. 911 be passed as read: carried, Brazier,-Larson, Lemon, Lynch and Munger voting aye on roll call. Kurbitz and Robinson absent. ORDINANCE NO. 4639 AN ORDINANCE "providing for the improvement-of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a local improvement district providing for the method of payment thereof, and creating a special fund. This being the time fixed by the Council for the hearing on Petition No. 178 as filed by E. A. & Elizabeth Yergen and others praying for the Annexation of certain property South of Nob Hill & between 24th & 28th Avenues, it was MOVED by Lemon, seconded by Lynch that Ordinance No. 464 providing for said annexation and zoning as B -2, Local Business Zone and R -2, Two Family Resi- dence, be passed as read: carried, Brazier, Larson, Lemon, Lynch voting aye on roll call. Munger abstained from voting. In discussion, Lloyd Hammerstad, J. J. Anderson, W. A. Woodward, and Mr. Grandstand asked for a screened wall between the shopping center and the residential area. City Attorney Andrews stated that a City Ordinance provides for adequate screening. Also present were Mrs. Garb:, Mrs. Seip and Bernard Wine. Attorney George Twohy,-representing petitioners stated that provisions for sidewalks are in the plans of the proposed shopping center. Petition No. 226 having been filed with the City Clerk on September 19, 1963 by Oscar Larson praying for Annexation of certain property located North of Englewood and west 46th Avenue, it was MOVED by Lynch, seconded' by Munger that said petition be referred to the City Manager and Planning Commission for study and recommendation:,carried, Brazier, Larson, Lynch, Lemon and Munger voting aye by voice vote. Kurbitz and Robinson absent. Petition No. 22� having been filed with the City Clerk on September 27, 1963 by Lloyd Hammerstad and others, to vacate PraHch Avenue, East from So. 28th Avenue, 139' to present City Limits, it was MOVED by Lynch, seconded by Munger that said petition be referred to the City Manager and Planning Commission for study and recommendation: carried, Brazier, Larson, Lynch, Lemon and Munger voting aye by voice vote. Kurbitz and Robinson absent. Notice of Intention to Commence Annexation proceedings having been filed with the City Clerk by Euclid Gamache and V. J. Beaulaurier declaring the intention of the signers to commence annexatio proceedings to have certain property covering the area east of the State Highway beginning at Mead and Fair Avenue running in a southerly direction to Washington Avenue, it was MOVED by Lynch: seconded by Brazier, that this meeting of September 30, 1963 at the hour of 4:35 p.m. be the datei of hearing with Mr. Gamache and Mr. Beaulaurier: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye by voice vote. Kurbitz and Robinson absent. Mayor Larson declared meeting opei for said hearing and asked the petitioners if they were willing to assume the city's existing indebtedness for the area'proposed for annexation. Mr.'Gamache and Mr. Beaulaurier stating they were willing that the area proposed for annexation assume its,-hare of the.city's existing indebt- edness, it was Med, VER by Brazier, seconded `by Munger that the �Pe4i4 -- ��r ent-°eon --f -or - nT=,a-tkcyn* be accepted; ca Brazier, Larson, Lemon, Lynch and Munger voting a-ye by voice bote. Kurbitz) and Robinson absent. ° An Ordinance appropriating the sum of $41,'000.00 from the unappropriated moneys of the Sewer Construction Fund to other Sturctures and Improvements was read in its entirety at this meeting and ordered laid on the table for one week or until the next regular meeting of the.Council on October 7, 1963. *- :-' Correction "Annexation proposed.by Country Shopping Center Inc., Euclid Gamache, Pres. and Vincent Beaulaurier, Secretary, be accepted by the City of Yakima and that the area to be.annexed'be required to assume its share of the City's existing indebtedness." V. r 472 SEPTEMBER 30, 1963 MOVED by•Lynch, seconded by Brazier that a resolution authorizing a temporary loan of $41,000.00 from Cumulative Reserve for Domestic Water Supply Development Fund to the Sewer Construction Fund, be held over until the next regular meeting on October 7, 1963: carried, Brazier, Larson, Lemon, Lynch and Munger voting aye by voice vote. Kurbitz and Robinson absent. MOVED by Munger seconded by Lynch that Resolution No. D -604 transferring the /sum of $351.00 withi the 1963 appropriation for 34, City Garage be passed as read: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye on roll call. Kurbitz and Robinson absent. /Public Works Director Mayo stated that because of the heavy snow removal last winter, and sickness and accidents a grea deal of overtime was required by garage employees which entailed this transfer. RESOLUTION NO. D -604 A RESOLUTION transferring the sum of'$351.00 within the 1963 appropriation f 34- City Garage. MOVED by Lemon, seconded by Brazier, that Resolution No. D -605 authorizing the City Manager and City Clerk to execute an agreement with the Washington State Highway Commission regarding the change in route for Highway 410 be passed as read: carried, Brazier, Larson, Lemon, Lync# and Munger voting aye on roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -605, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Agreement with the Washington State Highway Commission. MOVED by Lemon, seconded by Munger that Resolution No. D -606 authorizing the City Manager and Cit Clerk to enter into an agreement with Wm. Harper & Son for the purpose of assisting with prepara- tion of a bond issued for improvement to the Water -Sewer system in the City be passed as read: carried, Brazier, Larson, Lemon, Lynch and Munger voting aye bn roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -606, A RESOLUTION authorizing City Manager & City Clerk to enter into an agree- ment with Wm. Harper & Son for the purpose of assisting with preparation of a bond issued -for improvment to the Water and Sewer system in.City. MOVED by Munger, seconded by Lemon that Resolution No. D -607, a resolution of the Council of the City of Yakima, retaining bond counsel to perform services in connection with the authorization, issuance and sale of water and sewer revenue bonds of the City be passed as read: carried, Brazie Larson, Lemon, Lynch, and Munger voting aye on roll call. Councilman Kurbitz and Robinson absent RESOLUTION NO. D -607, A RESOLUTION of the Council of the City of Yakima; Washington retaining bond counsel to perform certain services in connection with the authorization, issuance and sale of water and sewer revenue bonds of the city. MOVED by Munger, seconded by Lemon, that Resolution No. D-608, ,a resolution to improve certain property by construction water mains and appurtances in accordance with Petition No.' 202 and fixi the date of hearing for October 21, 1963 be passed as read: carried, Brazier, Larson, Lemon, Lync and Munger voting aye on roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -608, A RESOLUTION of intention to create a local improvement district. MOVED by Munger, seconded by Lemon, that Resolution No. D -609 a resolution to improve certain streets by grading, ballasting, and surfacing & constructio, concrete curbs and gutters in accordance with Petitions No's 204, 205, 208, 209, 210, 214, 215 , 223 and the area North of 30th Avenue from Lincoln to a point 600f North thereof, and fixing date of hearing for October 21, 1963 be passed as read: Brazier, Larson, Lemon, Lynch and Munger voting aye on roll call. Kurbitz -and Robinson absent. RESOLUTION NO. D -609, a, resolution of intention to create a Local Improvement District. Manager Smith having requested permission of the Council to enter into an agreement with Country Shopping Center Inc. for Water Hook Up service, and the Council having been presented with a Notice of Intention to Commence Annexation at this meeting for this area, it was MOVED by Lynch , seconded by Brazier, that the staff be authorized to prepare an agreement to allow Water Hook Up service for County Shopping Center Inc.: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye by voice vote. Kurbitz and Robinson absent. Mr.pBeaman, in the assembly, brought-up the matter of angle parking on 38th & Webster and Manager Smith informed him that no striping has been done for angle Parking. Mayor Larson stated that the Council will study the matter further because of the protests received. On the matter of the Washington State Highway Departments request to the City to close the access road to the area Northeast of 9th Street and Yakima Avenue, and the request.of residence in the area asking the City Council to meet with Highway.officials to determine if the area can remain open for safety and security reasons, the Council requested City Manager Smith to meet with the Highway department to discuss this matter further. Manager Smith requesting that permission be granted by the Council to send Detective John Jenkins of the Police Department to a Refresher School on Polygraph which is being held at the Keeler Institute in Chicago, from October 7 to Oct, 25, 1963 ,. and stating that the expense would be approximately $455.00, it was MOVED by Lynch, seconded by Lemon that Detective Jenkins be allowed to attend this school and that his expenses be paid: carried, Brazier, Larson, Lemon, Lynch and Munger voting aye by voice vote. Kurbitz and Robinson absent. Manager Smith requesting that permission be granted by the Council to send Mr. Ed. Ru.msey, Signal Maintenance Superintendent, to the International Municipal Signal Conference at Houston, Texas .on October 13 to 16th and that expenses would be approximately $300.00, it was MOVED by Lemon seconded by Munger that Mr. Rumsey be allowed to attend this conference and that his expenses be paid: carried, Brazier, Larson, Lemon, Lynch and Munger voting aye by voice vote. Kurbitz and Robinson absent. 1 1 i'. 1 1 1 473 SEPTEMBER 30, 1963 Manager Smith having reported to the Council that Mr.. John Lebusky, Signal Maintenance man for Fire Department attended a Radio Service Clinic at Portland on September 23rd and 24th, 1963, at his own expense, it was MOVED by Munger, seconded by Lemon that Mr. Labusky-be reimbursed by the City for expenses incurred: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye by voice vote. Kurbitz and Robinson absent. There being no further business to come before the Council, it was MOVED by Lynch, seconded by Lemon that we do now adjourn at the hour of 5=45 p.m. ; carried, Brazier, Larson, Lemon, Lynch, and Munger voting ave on roll call. ATTEST: r CITY CLERK I 'A