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HomeMy WebLinkAbout02/23/1965 Business Meetingr 6* 3 2 February 23, 1965 The City Council met in regular session, ,As's''t; Mayor Donald Brazier, Councilmen Brown, Kurbitz, Lambert, Lynch, Robinson, and City Manager Smith and City Attorney Andrews present on roll call. Mayor Larson not being present at this meeting, it was MOVED by Brown, Seconded by Lynch that Mayor Larson be excused from this meeting; carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson-voting aye by voice vote. Larson absent. The Invocation was given by Councilman Brown. The minutes of February 15, 1965 having been read and certified accurate by two councilmen and there being no one present wishing to have the minutes read, Ass'.t_, Mayor Brazier declared said minutes approved. This being the time set by the City Council for the hearing on Petition No. 330 as filed by A. R. Friedrich for the Yakima Seventh Day Adventist Church requesting the rezone of property located at 11 and 15 North 11th Avenue from R -3, Multiple Family Zone to B -1, Modified Business Zone, it was MOVED by Lynch, seconded by Lambert that Ordinance No. 621 an ordinance accepting the recommendation of the Planning Commission and rezoning property as described above be passe as read:' In discussion, Reverend Friedrich urged the Council to approve this rezone. Mrs. Gagn protested the rezone, stating a dental clinic in this area would create a parking problem. Attorney Anthony Arnston, representing the petitioner assured the Council that ample parking will be provided in accordance with the City Code. He further stated that the zoning of this property is a natural extention to the now existing business zones in this area. All persons having been heard, Ass'.t. Mayor Brazier asked for a vote on the original motion: carried , Brown, Brazier, Kurbitz, Lambert Lynch and Robinson voting aye,on roll call. Larson absent. ORDINANCE NO. 621, An Ordinance accepting the recommendation of the Planning Commission and rezoning certain property located at 11 and 15 North 11th Avenue, in the City of Yakima, Washington, from R -3, Multiple Family Zone to B -1, Modified Business Zone. This being the time fixed by the Council for the hearing on assessment roll for L.I.D. NO. 920 TIETON DRIVE ARTERIAL STREET IMPROVEMENT, it was MOVED by Robinson, seconded by Lambert that Ordinance No. 622, ano Ordinance confirming the assessment roll covering L. I. D. 920 as create, and established by Ordinance No. 515 be passed as read; Assistant Mayor Brazier opened the hearing and asked for discussion on this matter. Mr. Ken Hawkins, Attorney, representing a number of property owners in the area being assessed, protested the passage of this Ordinance, stating that it was unconstitutional procedure. Others present protesting this L.I.D were Rev. Williams of the Wert Side Baptist Church, Lloyd Mansfield, George Sanford, Lloyd Shafer, Glen Hurd, Dr. Myers, R. W. Peterson, and Austin Quist. These people objected to an L. I. D. to pay this expense and stated that being assessed for an arterial improvement was unfair to the property owners in the area. They also objected to not being able to vote the L.I.D. out by protest because of the financial participation of the city and state. Council informed thos present that according to the legal opinion of the State Attorney General, State Law permits city participation in financing of arterial construction in the manner followed in this L.I.D. Public Works Director Mayo reported that the total cost and expense of the improvement was $80,867.70 of which the amount of the L. I. D. assessment was $18,745.00. Mayo also stated that in this area, no previous assessment had been levied for street improvements, and that this is the reason the property owners are being asked to share in this expense. Councilman Brown asked the property owners protesting if they were willing to pay for curbs and gutters. In answer to Councilman Brown's question, Rev. Williams stated that if after consulting private contractors about cost involved and costs were found to be just, they might be willing to discu this. All persons having been heard on this matter, Assistant Mayor Brazier, called for a vote on the original motion: carried, Brazier, Brown, Lambert, Lynch, and Robinson voting aye on roll call. Kurbitz voting Nay. Larson absent. ORDINANCE NO. 622, AN Ordinance confirming the assessment roll covering Local Improvement District No. 920 as created and established by Ordinance No. 515 of the Ordinances of the City of Yakima. An Ordinance having been read pertaining to regulations of Community Antenna Television System, it was MOVED by Lynch, Seconded by Brown that said Ordinance be passed as readf In discussion, Attorney Carl Loy,,representing K.I.T. Radio asked the Council to postpone decision on this Ordinance since copies were made available to the public only today. He further stated that the public is vitally interested in this, so he felt more time was needed to explore all phases of this matter. Mr. Loy mentioned the fact that local advertising would be affected by out of town advertising from Cable Television. He, also mentioned the possiblity of a franchise agreement in which the vote of the people is required by City Charter. Jack Goetz, General Manager, K I T Radio, also present, asked the Council to defer action on this Ordinance. Attorney Bud Applegate, representing Telecable Co., informed the Council his client has made application for operation in the City of Yakima, and stated that a franchise agreement might be more practical than a business license which has to be renewed each year, in that con- siderable money will be spent to install and maintain this service. Mr. Tom Bostic and Mr. Hugh Davis , owners of Cascade Television and Columbia Empire Television, stated that after considerable thought and study, they have decided to form a company and are negotiating to bring Cable Television to Yakima as they felt -the Yakima area would best be served in this type of television by locally owned broadcasting companies. They urged the council to pass this ordinance immediately as any delay would cause considerable loss of money. Hi Wells, representing K U T I, protested the passage of the Ordinance in its present form, stating that it needed much revision. Mr. Sam Boyd, owner of Cable Television for the Selah area, urged the Council to pass this Ordinance. Council informed the meeting that passage of Ordinanc' is an action merely to create the licensing of this type of business and the regulation of such business. Council agreed that more time should be given to interested parties to study this matter more thoroghly. A motion made by Councilman Kurbitz to delay action on this Ordinance for two weeks was lost for want of a second. It was then MOVED by Lynch, seconded by Brown that action on this Ordinance be delayed until the next regular meeting of the Council: carried, Brazier, Brown, Kurbitz, Lynch, and Robinson voting aye by voice vote. Larson absent. MOVED by Lynch, seconded by Brown that Item 8 on the Agenda be taken up at this time; carried, Brazier, Brown, Kurbitz, Lambert,,Lynch and Robinson voting aye by -voice vote. Larson absent. The matter of a traffic light for 4th and C Street was brought up for discussion. Mr. Clarence Carlson, representing the Junior Chamber of Commerce stated that his Committee had made a thorough study of this intersection and they found it to be highly dangerous to the students. He was therefore recommending to the Council that the?_s final light on 3rd and C Street be re- moved and placed at 4th and C, and that a signal system for the fire truck lane be placed at 3r ( = See page633 ) 1 1 fl J 11 633 FEBRUARY 23 1965 Sgt. William Pennell, Police Department, also stated this was a dangerous intersection and recommended that a traffic light be placed at 4th and Cstreet. Sister Ernestine, St. Joseph Grade School, stated that the patrol had been withdrawn because the intersection is too dangerous, and too much for the school boy patrol to handle. She also recommended that a traffic Signal light be placed there. Mr. Ken Hunziker, representing Junior Chamber, also recommended that the light from 3rd and C be moved to 4th and C. Public Works Director Mayo stated that removing the light from 3rd and C would not present any problem. Councilman Brown suggested that possibly a signal system with a loud bell to be controlled by a competant person might be adequate for this intersection. Councilman Lambert suggested that intensive education on this matter must be given to the students. Sgt. Pennell stated that-if a control system is placed there, it would be under strict supervision. After full discussion of this matter, it was MOVED by Robinson, seconded by Lynch,,that the City-Manager and staff present to the Council at their next regular meeting their recommendation as to what type of electric control system is needed at 3rd and C and at 4th and C Street: carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye by voice vote. Resolution No. D 774, a resolution authorizing execution of lease agreement for space in the Central Building at the Yakima Municipal Airport and repealing Resolution No. D -762 having been read, it was MOVED by Lambert, seconded by Robinson that said resolution be passed as read; carried, Brazier,'Brown, Kurbitz, Lambert, Lynch and`Robinson voting aye on roll call. Larson absent. RESOLUTION NO. D -774, A Resolution authorizing the City Manager and City Clerk of the City of Yakima to execute a Lease Agreement with Alex Berkes and Jean Berkes, husband and wife, for space in the Central Building at the Yakima Municipal Airport; and repealing Resolution No. D -762, adopted January 11, 1965 entitled " A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Lease Agreement with J. S. Jenkins and Betty May Jenkins, husband'and wife, for space in the Central Building at the Yakima Municipal Airport. ,Petition No. 338, having been filed with the City Clerk on February 19, 1965 by Thecla Regeimbal and others requesting the construction of sewer, it was MOVED by Lambert, seconded by Brown that Resolution No. D -775, a resolution of intention to improve property by the con- struction of pipe sewers, and fixing the date of hearing for the 15th day of March, 1965, at the hour of 8 p.m. be passed as read; carried, Brazier, Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. RESOLUTION NO. D -775, A RESOLUTION of intention to create .a local improvement district. MOVED by Robinson, seconded by Lambert, that Ordinance No. 623 an ordinance creating the Fire Capital Fund as a special fund of the city, be passed 'as read; carried, Brazier', Brown, Kurbitz, Lambert, Lynch and Robinson voting aye on roll call. Larson absent. ORDINANCE No. 623, AN ORDINANCE creating the Fire Captial Fund as a special fund of the City of Yakima; providing for the administration of such fund, adding Chapter 3.66 as a new Chapter,,consisting of new sections 3.66010, 3.66.020 to the City of Yakima Municipal Code; and dec Iring an emergency. An Ordinance authorizing a temporary loan of $15,150.00 from the Accumulative Reserve for Domestic Water Supply Development Fund to Fire Capital Fund and providing for the repayment thereof, having been read in its entirety was ordered laid on the table for one week, to be considered at the next regular meeting of the Council to be held on the 1st day of March, 1965 ,at the hour of 3 p.m. There being no further business to come before the meeting it was MOVED by Kurbitz, seconded by Lynch that we do now adjourn at the hour of 7 p.m. READ AN CERTIFIED ACCURATE BY ATTEST: L E R K I