HomeMy WebLinkAbout05/18/1964 Business Meeting1
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MAY 18, 1964
The City Council met in regular session, Mayor,Larson, Councilman Kurbitz, Lambert, Lynch, and
Robinson , and City Manager Smith and City Attorney Aaddrews present on roll call. Councilman
Brazier and Munger absent. C]Duncilmen Munger and Brazier having requested to be excused from
attendance at this meeting, it was MOVED by Lynch, seconded by Robinson that said councilmen
be excused: carried, Kurbitz, Larson, Lambert, Lynch and Robinson voting aye by voice vote.
Munger and Brazier absent.
The Invocation was given by,Councilmen Lynch.
The Minutes of the regular meeting of May 11, 1964 was approved as read.
In accordance with action taken by the Council at their regular meeting of May 11, 1964, the
matter of Central Business District Study was brought up for discussion. Mr. Tom Hargis,
Architect, representing architects Associated submitted to the Council copies of proposal for
the preparation of the study of the Central Business District, and asked the Council to conside:
this proposal. In answer to Councilman Lynch's,question as to whether Architects Associated is
a corporation, Hargis stated that this group is not formally organized but have banded together
for this particular work. He further stated that all firms participating in the study are
members of the American Institute of Architects. Mr. John Villesvik then stated that the fact
that this group have a personal interest in the community, they would do the best job posiible
for Yakima on this project. He also stated that Architects Associated hope to have a business
venture as well as accomplish something useful for the future development of Yakima. He said
that mostly local personnel would be used in this study, except that a traffic engineer and an
economic consultant would be from out of town. Councilman Lynch stated that he favored the
use of local people for this study. Mayor Larson stated that the Council had been hoping that
such a proposal would be forthcoming and thanked the group for their participation. James
Cowan then informed the Council that this proposal had not as yet been submitted to the Action
Committee or Planning Commission for review and asked that this matter be deferred until these
groups have had an opportunity to look this proposal over. Councilman Robinson stated that he
felt the local group would be able to accomplish at least as good a study as an outside group
could, and stated the Council would compare the costs of Architects Associated proposals with
others submitted to the Council. Councilman Lambert stated that we are always concerned about
citizen participation in community functions, and she felt this was a tremendous step forward
for Yakima, and commended the group for their interest in ouricity's development. Councilman
Lynch reiterated Councilman's Lambert's statement and thanked the group for the work done in
presenting this proposal. It was MOVED by Robinson, seconded by Lambert that the matter of the
proposal of Architects Associated, be postponed until the.next regular meeting of the Council
so that all participating groups may review said proposal before action is taken: carried,
Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Munger and Brazier
absent.
,kn Ordinance appropriating the sum of $30,000 to purchase the Prior property, North of the
First Christian Church, from the unapropriated monies in the Current Expense Fund having been
read in its entirety at the regular meeting of the City Council on May 11, 1964 , and laid on
the table for one week, and having been read by title only at this meeting, it was MOVED by
Robinson, seconded by Kurbitz, that Ordinance No. 524 providing for said appropriation be
passed as read: carried, Kurbitz, Lambert, Larson, Lynch, and Robinson voting .aye on roll call.
Munger and Brazier absent.
ORDINANCE NO. 524, AN ORDINANCE appropriating the sum of $30,000 froputhe-:unappropriated monies
in the Current Expense Fund to Account 6 -10, Land, of the Capital Outlay Classification of the
1964 appropriation for 15 Statutory and General.
In accordance with action taken at the meeting of the Council of May 11, 1964 , City Attorney
Andrews recalled to the Council that at the last meeting he had questioned the procedure on
the matter of the Petition for rezone by A. J. Lenz, informing the Council that this should
be treated as a resolution of Intention rather than a report and be refered back to the Planning
Commission, however, he now finds that this is not necessary and advised the Council to set a
date of hearing at this meeting for this rezone. It was MOVED by Kurbitz, seconded by Lambert
that June 1, 1964, at the hour of 3 p.m. , be set as the time of hearing by the Council on the
matter of the rezone of certain property as petitioned by A. J. Lenz, per petition No. 261:
carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Munger and
Brazier absent.
On the matter of the American Oil Co. wishing to appeal the Planning Commission's decision
in denying the rezone of property located at 701 North Fifth Avenue from R -3 Multiple Family
residence to B -3, General Business zone as filed per petition No. 243, the Council was informed
that the American Oil Co. had withdrawn its appeal and there is no need for this matter to be
taken up at a later date.
In the matter of J. P. Leingangs wishing to appeal the Planning Commission's decision denying
the rezone of property located at,27 Kenny Drive from R -2 Two Family Residential, to R -3,
Multiple Family Residential , Mr. Leingang being unable to attend this meeting, it was MOVED
by Kurbitz, seconded by Lynch that this matter be postponed until the�next regular meeting of
the Council on May 25, 1964 at 3 p.m. : carried, Kurbitz, Lambert, Larson, Lynch and Robinson
voting aye by voice vote. Munger and Brazier absent.VRev. Manchester, of the Summitview
Assembly of God Church,.asked to be heard at this time on this matter as he would not be able.
to attend next week's meeting. Rev. Manchester opposed this rezone, stating his'Church is
located next to the Leingang property and that construction of a four plex would entail the
complete use of the leingnang property which would bring the four plex to the church's property
line. He also stated that Church singing would be disturbing to occupants of the four plex.
Al Polenske, representing the Westpark Church, stated that although his church sold the property
in question to Mr. Leingang due to the fact that they could not obtain additional property in
the area to adequately expand their church and therefor had to relocate, and that he now
supports Rev. Manchester's protest as the contractor has not used good building practices for:
the proper development of business in the community, and therefore would recommend that this
rezone be denied. Rev. Manchester informed the Council that Mr. Leingang had offered this
property for sale to his Church and the Board of the Church is now considering this offer.
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May 18, 1964
In the matter of J. E. Laney, representing Circle L. Distributing Co., wishing to appeal the
Planning Commission's decision denying the rezone of property located on the South side of Lenox
Avenue between Pleasant Avenue and 12th from B -2 Local Business to B -3 General Business zone,
a letter from Attorney Homer Splawn, representing Mr. Laney, was read by Mayor Larson requesting
that this matter be postponed for one week as he would be out of town. It was MOVED by Lynch,
seconded by Kurbitz, that this matter bey continued until the next regular meeting of the Council
on May 25, 1964 at 3 p.m.: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by
voice vote. Munger and Brazier absent.Mr. Thomas present in the audience stated he had no
objection to this rezone.
It was MOVED by Robinson , seconded by Lambert that Resolution No. D -690, a resolution of Intent
to construct water mains, in Carriage Hill Addition and Larson Lots a &vnsjae� X38 No. 244 and
246, and that June 8, 1964 be set as,the date of hearing by the Council Kurbitz, Lambe
Larson, Lynch, and Robinson voting aye on roll call. 'Munger and Brazier absent.
RESOLUTION NO. D -690, A RESOLUTION of intention to create a local improvement district.
The City Engineer having submitted a report to the Council on the completion of L. I. D. No. 899,
Peach Ten, Meadow Courts, and Sutor Addition Water District, it was moved by Robinson, seconded
by Lambert, that June 15, 1964 , at the hour of 8 p.m., be set as the'time of hearing 13y the
Council to confirm the assessment roll, and that due notice be given by publication , and to
the property owners within the district:; carried, Kurbitz, Lambert, Larson, Lynch, and Robinson
voting aye on roll call. Munger and Brazier absent.
Under new business William Charbonneau wished to be hdard by the Council on the matter of Cascade
Natural Gas Co. installing a stub line on Gilbert Drive, past the curb line without giving notice
to the owners of the property. Dr. Shuler Ginn and Mr. Tony Elrod in attendance also protested
tom. Mr. Charbonneau further stated that much time, care and expense is involved in keeping the
lawns as nice as possible and they objected strongly to Cascade tearing up their lawns in order
to put the stub linetToecause it was less expensive to them, and that the line should have been
put under the street as it easier to patch up streets then lawns. Mr. Charbonneau statedthe
City Manager and Engineer had informed him that their is much public criticism to breaking up
streets, but that he still felt the city should exercise more control in the decisions as to where
the lines should be laid, especially where residents did not want their lawns disturbed. Council-
men stated that it was true that citizens are very critical of torn streets. Councilman Lambert
reminded the group that a franchise has been given to Cascade Natural Gas Co and they are within
their legal right to use the city right of way for line installation. Public Works Director Mayo
stated that it has been the policy in the last several years to go outside the pavement area on
city right of way rather than break up pavement not only because of public criticism but also
because it is very costly and difficult to patch up streets. Mr. Elrod, stated that is is the
city's responsibility to see that streets are patched to their original form and aggin stated the
lines should be under the street. Mr. Dalrymple, Gary Randall and Mr. Miltenberger of Cascade
Gas Co. were present. Mr. Randall stated that the homes were contacted several times in this
area before the stub line was put in but that they were unable to find anyone home. Mr. Randall
stated that he realized now that he should have gone a step further and tried to contact the
owners at their place of business and was sorry this had not been done. Mr. Dalrymple stated
that everything possible is done to put the lawns back to their original shape and usually within
several weeks the yards are back to normal. Mr. Miltenberger pointed out to those protesting
that the stub line was put in at this time because of the proposed Summitview Street improvment.
They were performing this service prior to the improvement to avoid breaking up new pavement
after the improvement is completed. He also stated that it is not less expensive to put the lines
under lawns as Mr. Charbonneau ini]�11ed -' , but on the contrary a great deal of expense to the
company. Councilman Robinson suggested to the property owners on Gilbert Drive that they file
a petition with the Gas Co. if they did not wish the line to continue on their street. In answer
to Councilman Kurbitz's inquiry as to what right the city has in making decision as to where-the
lines might be put according to the franchise agreement , City Attorney Andrews stated he would
review the franchise and inform the council of his findings: Mayor Larson stated that we should
use city right of way past curb lines as much as possible because of public criticism and the grea
expense involved to the city where streets are torn and repatched.
Councilman Kurbitz brought up the matter of the proposed Water system, and asked the Council if
the City Attorney could assist in determining whether the initiative petition to be submitted
by certain citizens to the council, that this question might be put on the ballot, is legally
acceptable. Councilman Lambert stated that the City Attorney is only responsible to the Council
and the City Staff, and that a precedent should not be set by allowing our attorney's service
to these people, that they should seek private counsel. In the matter of allowing citizens to
vote on the water system to be used in Yakima, Councilman Lynch stated that he felt this should
be the decision of the.Council, that we have competent engineers to assist us, that the Council
would be evading their duties as elected officials, that they are aV representative of the people,
and the voters should have faith in the council's decisions. Mayor Larson stated we will also
have-the assistance of our citizens Water Advisory Committee. Councilman Robinson stated that
there were some 30 water d.istiicts invol -ed in the city's water system and that much detailed
information would have to be given to the voter and it would be impossible for any attorney to
get all this data comprehensively on a document, and also such description on a ballot would hot
be feasible. Mayor Larson remarked that if this detailed information did not get to the voter,
he could not vote intelligently on this issue. Councilman Kurbitz again inquired as to whether
the attorney could assist these people in their petition, and it was the concensus of the Council
that our city attorney would not be able to do this.
City Manager Smith having reported that Fire Chief Moore has requested that Rex Laffoon, Deputy
Fire Marshall, be allowed to attend the Arson A Investigation Seminar in Portland, the week of
May 25th, and that his expenses be paid., it was MOVED by Lynch, seconded,by Kurbitz that this re-
quest be complied withp carried,% Kurbitz, Larson, Lambert, Lynch and Robinson voting aye by voice
vote. Munger & Brazier Absent. City Manager Smith reminded the Council that a meeting with our
Consulting Enigneer's , Ebasco Inc. is being held on Thurs. 1 p.m. to review the final report of
the Comprehensive Plan. City Mgr. Smith having reported to the Council that he had had a requeut
from a local business firm to beautify a planter in front.of their business by lighting, and that
he would like the councils interpretation as to whether lighting is considered beautification, &
could be allowed under city ordinance, it was MOVED by Robinson, seconded by Lambert that this ma
be referred to the Planning Commission for study and'recommendation: carried, Kurbitz, Lamber, La
Lynch & Robinson voting pye by voice vote. Munger and Brazier absent. There being no further bu
ippi�gfkre tie meeting, as moved ty K rtjtz, sec.,by Lynch that we do now ..adjoum at .he hour
urbi z, arso ,I am ert, ynd & o i.nson voting aye by voice chi te.
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