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Home My WebLink About04/27/1964 Business Meeting539 APRIL 27, 1964 e City Council met in regular session, Mayor Larson, Councilman Brazier, Kurbitz, Lambert, Lynch, Munger and Robinson, City Manager,"'�and City Attorney Andrews present on roll call: The Invocation was given by Councilman Munger. The Minutes of the regular meeting of April 20, 1964 were approved as corrected. Mayor Larson acknowledged and expressed appreciation for a certificate presented to him by the Firing Center expressing gratitude to the people of Yakima for their cooperation. Mayor Larson having determined that Mr. Velikanje, Attorney representing property owners in Weber Square who'are seeking the vacation of a public utility easemnt, was not present, it was fMOVED by Brazier, seconded by Kurbitz that this item be moved to the bottom of the agenda: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. this. being the time fixed by the Council for the hearing'on PetitionNo. 249 as filed by McLeod and Foley requesting the rezone of property located at 9, 11, 13,-and 15 Fair Avenue from R -3 Multiple Family Zone to B -3 General Business Zone, it was MOVED by Lynch, seconded by Lambert that Drdinance'N,o. 5,19 accepting the recommendation of the Planning Commission and rezoning said property , be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robin- son voting aye on roll call. Mr. Clifford Wells, prospective developer of this property, spoke for the rezone and explained his plans for building a sign shop which he stated would include a sheet metal operation but would•be of such a nature that noise would not be a nuisance to resi- dences in the neighborhood. There were no protests in writing or otherwise to this action.d ORDINANCE NO. 519, AN ORDINANCE accepting the recommendation of the Planning Commission and re- zoning certain property located at 9,'11, 13 and 15 Fair Avenue in the City of Yakima, Washington from R -3, MultiOle Family Zone to B -3, General Business Zone. This being the time fixed by the City Council for the hearing on Petition No. 256'as filed by Mrs. Louis Ulrich, requesting the rezone'of certain propety located on Summitview between 40th and 41st Avenue from B -2, Local Business Zone to B -3, General Business Zone, it was MOVED by Lynch, secoridec by Kurbitz that Ordinance No. 520 accepting the recommendation of the Planning Commission and re- zoning said property, be passed as read. Mayor Larson then opened the meeting to the hearing of those persons wishing to speak for the rezone. Mr. Paul Cook, Contractor, displayed and explained a scale modeLof thehighrise condominium apartment planned for the property to be rezoned, stating that it will be an 8 story building which will provide 30 homes and cost approximately $1,000,000.( He also displayed as evidence of interest in such a structure ten checks given as downpayments on individual units in this structure.- Mr. Don Tunstall, Attorney and property owner in the area spoke for this rezone on behalf of himself and A. C. Shelton explaining that he had no connection with Paul Cook, the builder or Mrs. Ulrich the property owner. Harvey Anderson, Tom Hobson , in behalf of the plumbers and steam fitters, Charles de la Chapelle, Jack Harmon and L. B. Vincent, attorney for Mrs. Ulrich, all spoke for this project. Mr. Bob Moriarity spoke in behalf of the 72 signers on'a petition protesting this development. Also Mrs. Marvin Curtis, Mary Linse, Mrs. Whalen, Gloria Freeborg, Ed Thoman and Mrs. Robert Crose spokee against the building of this structure, protesting mainly its height, the fact that its'occupants* will be able to see into heir yards, and the possibilities of adjoining property being rezonefand less desirable businesesE ocating in this area. These persons protested business encroaching on a class A Residential Zone. Mr. Vincent, Attorney for Mrs. Ulrich read a document described as a statement of protective covens to run with the land and stated that it will be filed with the deed if the ordinance rezoning the property is passed. Councilman Robinson indicated that he believed that it would be more.appropri to build this structure closer to the center of the city where it would not dominate the landscape ouncilman Lynch indicated that he believed that this is the place for the condiminium and that under the existing B -2 Local Business Zone something worse could go in this location. Also in he discussion it was indicated that this property had been considered for a bowling alley operatic but that Mrs. Ulrich has been witholding the sale, for something better. Planning Director, Rudolph Gast indicated that while he was opposed to this development in the beginning- the state - ent oflsprotective covenants makes the rezone more desireable and he further explained that the omprehensive Plan does allow this type of business in various locations as well as the central usiness district:. Councilman Kurbitz indicated that he could see no cause for alarm in view f the protective covenants to be filed. Councilman Lamb64acknowledged the protest of the 72 ersons on the protest petition, but indicated that she believed this development will be an asset to the City. Mayor Larson indicated that he was undecided on the matter, but that it ppears'that the majority of the people in the area are against the aprtment, therefore he will ote against the rezone. Councilman Brazier indicated that he was not ready to vote since he had of been able to resolve all the questions in his mindc". and make a physical check of the property nd he MOVED'to continue the matter one week. This motion was seconded by Munger, but lost for he want of a majority voice vote. Lambert, Larson, Lynch and Robinson voting nay by voice vote. razier, Kurbitz, and Munger voting for the continuation. Mayor Larson then called for the roll all vote to pass Ordinance No. 520 which provides for the rezoning of said property and Brazier, urbitz, Lambert and*Lynch voted aye ; Larson, Munger and Robinson voted nay on roll call. ouncilman Brazier having voted upon the prevailing side then announced his intention to move or reconsideration of this matter at the next regular meeting of the City Council, if upon re- oiving some questions in his mind during the coming week, he feels that he must change his vote. RDINANCE NO. 520, AN ORDINANCE accepting the recommendation of the Planning Commission and re= oning certain property located on Summitview between 40th Avenue and 41st Avenue in the City f Yakima, Washington, be rezoned from B -2, Local Business Zone, to B -3 General Business Zone. his being the time fixed for the hearing on Petition No. 257 as filed by E. F. Velikanje and theis requesting the rezone of property located 1009 North 10th Avenue, 1220 Fruitvale' boulevard, and 1007 North 9th Avenue from R -3, Multiple Family Zone to B -3, General Business Zone, itnwas OVED by Lambert, seconded by Lynch that Ordinance No. 521'accepting the recommendation of the lanning Commission and rezoning said property, be passed as read: carried, Brazier, Kurbitz, ambert, Larson, Lynch, Munger and Robinson voting aye on roll call. Mr. Velikanje-, Attorney or the Fannie Kenney Estate explairaff that Mr. Rosenstein owner of of the property at 1007 North th Avenue has authorized him to speak for him since he'could not wait for the hearing , and Mr. ugh Templeton owner of property at 1220 Fryitvale Boulevard, spoke for this action. Mr. Veli- anje explained that this zoning is needed in order that his client can build a retail and ser- ice building for a retail tire store and wheel aligning buusiness, to make Mr. Templeton's C..._.._. ontracting business a conforming use, and to include J�r:,:1w :Frank Roser&ein' s property because, while its owner resides at this address, his wife is operating a sizeable ceramic business in their home, UP is r 540 APRIL 27, 1964 Mr. - Templeton expiiainea that the cnange,to B -J woula make it possible for nim to make improve- ments to his business. Mrs. Rachel Heagy,property ownerrat 1002 North 9th Avenue, Mrs. Fay Fleming at 907 North 9th Avenue and Ernest Rockwell protested B -3 classification, indicating that they would be in favor of a more restricted business zoning such as B -2, Local Business Zone. Also Mrs. Fleming filed a written protest signed by Gail Judge. After discussion and it being agreeable to Mr. velikanje that the business zone should not encroach on residential property unnecessarily and Mr. Velikanje waiving any objection to the deletion of Lot 4 from the property to be rezoned, it was MOVED by Robinson, seconded by Lynch that Lot 4 be deleted from the legal description of Ordinance No. 521 as read: carried, Brazier, Lambert, - Larson, Lynch, Munger and Robinson voting aye by voice vote. Kurbitz voting Nay by voice vote. Mayor Larson then called for the roll call vote on the original motion to pass Ordinance No. 521 as amended and Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voted aye on roll call., ORDINANCE NO. 521, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located at 1009 North 10th Avenue, 1220 fruitvale Boulevard and 1007 North 9th avenue in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -3 General Business Zone. The matter of the continuation of the hearing on the vacating of the Public Utility Easements within Weber Square, which was carried over from the last preceding meeting of the City Council was brought on for discussion and Mr. Velikanje explained that his client feels that a 4 foot easement on Chestnut between 39th and 40th Avenue is all he can give to the City for Street. Public Works Director Mayo - explained that a 5 foot easement is needed to make Chestnut a 50 foot street at this point and in keeping with the easements already held by the City fdr Chest - nut. The Council deeming it to the best interests of the City to obtain a five foot easement on the north side of Chestnut for street purposes; it was.MOVED by Robinson, seconded by Brazier _that this matter be again continued for one week in order that Mr. Velikanje may again take the matter up with his client and try to obtain the five foot easement :for,•the -city: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. Petition No. 263 having been filed with the City Clerk by Yakima Valley Memorial Hospital associ< tion requesting the formation of a Local Improvement district for the construction of curbs, gutters and the surfacing of the West Side of 28th Avenue from West Walnut South to existing curbed and paved portion of Tieton ' Drive, it was MOVED by'Brazier,'- seconded by Lynch that said petition be referred to the City Manager and Staff for study and recommendation: carried, Brazier Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. Moved by Lynch, seconded by Brazier, that Ordinance No. 522 peetaining to traffic regulations and defining the term Central District and amending the Yakima Municipal Code, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 522, AN ORDINANCE pertaining to traffic regulations within the City of Yakima; defining the term "Central District and amending the Yakima Municipal Code, Section--9.08.100-`. An ordinance relating to twelve minute parking restrictions having been prepared and submitted to the Council for consideration, it was MOVED by Lynch, seconded by Munger that said Ordinance be continued indefinitely: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robin- son voting aye by voice vote. A resolution accepting a proposal from G. R. Leischner Construction Company for the construction of additions to the Sewage Treatment Plant and Industrial Waste Pump Station having been read and City Attorney Andrews indicating that this resolution must be amended to include certain other facts since it involves Federal Funds, it was MOVED by Lynch, seconded by Lambert that the amendment as read by the City,Attorney be included in and made a part of said resolution: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. It was then MOVED by Lynch, seconded by Brazier, that Resolution No. D -682 as ameneded accepting said proposal from G. R. Leischner Construction Co. be passed'as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye bn roll call. RESOLUTION NO. D -682, A RESOLUTION acepting a proposal from G. R. Leischner Construction Co. for the construction of additions to the Sewage Treatment Plant and Industrial Waste Pump Station of the City of Yakima, and authorizing and directing the execution of a construction contract therefor. Moved by Munger, seconded by Robinson that Resolution No. D -683 authorizing the purchase of materials for various street signs without calling for bids, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -683, A RESOLUTION authorizing the purchase of materials without callingfor bids5z MOVED by Robinson, seconded by Munger that Resolution No. D -684 authorizing the purchase of spare parts for a seaman Andwall Pulvimixer without calling for bids, be passed*as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -684, A RESOLUTION Authorizing the purchase of materials without calling for bids. The Department of Highways having prepared and submitted for consideration a transfer Resolution and request for the Director of Highways to perform certain inspection work on the precast concrete bridge beams for the Lenox Avenue Overpass in the City of Yakima at the Ace Concrete Company in Spokane, Washington, -it was MOVED by Robinson , seconded by Munger that Resolution No. D -685 providing for said inspection work not to exceed $5,000.00 be passed as read: carried, Brazier, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. Councilman Kurbitz did not vote on this matter indicating that he.did not feel well enough informed on this matter to vote. RESOLUTION NO. D -685, A RESOLUTION authorising and directing the Department of Highways to per- form Engineering Inspection on precast concrete bridge beams for the Lenox Avenue Overpass in the City of Yakima tt the Ace Concrete Company in Spokane, Washington. n L� D 1 1 Id C 541 APRIL 27, 1964 Individual appeals from the Planning Commissions decision having been duly filed with the City Clerk in connection with Petition No. 243 as filed by American Oil Company who have requested the rezoning of certain property at 701 North 5th Avenue; with Petition No. 253 as filed by Jake P. Leingang who has requested the rezoning of certain property at 27 Kenney Drive and with Petition No. 260 as filed.by J. E. Laney who has requested the rezoning of certain property on the South side of West Lenox between Pleasant and 12th Avenue, it was MOVED by Brazier, seconded by Lynch that May 18,_1964, the regular eveing meeting of the City Council be set as the time for hearing by them and the City Clerk give notice of said hearings as required by law: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. The Yakima Action Committee having made certain recommendations to the City Council concerning a study of the overall central Business District Study in their letter dated April 24, 1964, it was MOVED by Robinson,'seconded by Brazier that this matter be held over to May 11, 1964: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. There being no further busine s o ome b f r t�3e ouncil, it was MOVED by Kurbitz, seconded by Lynch that we do now adjourn? c Pi i:z c 5 lid itz, Lambert, Larson, Lynch, Munger and Robinson voting aye by.voice vote. ATTEST: �- x; "� I ifi Y C L E R K A Y 0 R