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HomeMy WebLinkAbout06/29/1970 Business Meeting r./ 6.. ,JUN_E 29, 1970. The City Council met' n 'sess on`Ma"yor' Larson- presiding, : Councilmen Br;own,. iKei-th, Lambert,-Lust, McNeice 'and Robinson, ' City Manager McMicken and City; Attorney Andrews • present on •roll• call. .. { - ,:. The Invocation was • given - by Lambert. _ . ' 1 The minutes of the - regular meeting 'of Jurie 22, ' 19.70•,' having been duly' certified aecUrate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. This being the time fixed for. the continuation of, ,Hearing „on the Appeal from the - • Planning Commission's.decision to deny the ..Rezone. -Appl.i_cation; filed by Safeway, requesting rezone of ,property located on the southwest corner of•Summitview, and 56th. Avenues, Mr: -J:.S Applegate,.; Attorney, representing ; Safeway, ;Inc. ,,. explained , that the .. reason for having a. recorder;• Mr., -Henry Neer,.,present: at these. Hearings,..is in case there should be a Court case on this matterand,-they ; would .need an. record,. of the -. ceedings. Those present and speaking in favor of this rezone application were Mr. Apple- gate, Mr. DouglasA:..Wilson,,.Attorney, represen ; &Mrs. - Perry, Ha.y,es and C. • Schmalz, :fA:ttorney, repres,enting,•Mr,; .. &,.Mr,s.. --Ray K,. Embree. .Mr.,Applega.te .presented .. four exhibits to -add to the ten filed ; a,t :. the: previous meeting,_ these four being.,Planning Commission Minutes referring to the Annexation of the Straco property, a copy of City • Council Minutes regarding this matter and a Traffic Report as submitted by the traffic engineer- regarding .the..traffic, situation, at the. present. time and projected in the future on -56th Avenue and :Summitv.iew, - Avenue.,._These three Attorneys.. again. reviewed the rezone - application, referred ,to..,a new Memorandum prepared by them in reply to 'discussion at the previous meeting of June 15, 1970, and requested that this matter be referred back to the Planning Commission. Those present and speaking against this rezone application were Mr. Max •Vincent, Attorney, representing-,Straco,• =-Inc who referred to. a.Memorandum filed with the City Council by him regarding this, matter' and- also to a letter received by him from Dale A. LeMaster, a former. Yakima City Traffic Engineer, giving his views on this matter; Mr. Howard Hettinger, Attorney, representing a number of the property owners 111 adjacent to the proposed Safeway Store, who are against this rezone; Mr. Bob Brown, Real Estate Agent who stated that - the property adjacent to the proposed Safeway, Store, would depreciate approximately 40% or more; Mr. Bill Tolliver, property:owner who stated that hisproperty'is now for sale, but he does not think anyone will be interested in buying if this store goes in; Mr. Jack Anderson, property owner, who stated that they _did not want to lose any more of their privacy, as the orchards that were there when they moved there are now gone;:Mr. Roy Tufts, Druggist in the Chalet Mall, who stated that'his objection ,-to_ ..this' rezone is . str-ictly:.:emotional.,,.,,asµ he. • has. yet . see ,another grocery - store locate near a`Safeway; but that Safeway locates'near other grocery sto•res;_ and Mr. Bob Lewis, representing.Straco, Inc., who also spoke against this rezone. There was a great deal of discussion regarding the General Plan and its reference and definition of Community Shopping Centers and Neighborhood Shopping Centers. After lengthy discussion . by those present, for and against the rezone application, Council members discussed the ;matter thoroughly giving their reasons for their decisionwhich were mainly that they are • Concerned there,would be a shopping center split by an Arterial, which narrows from four--lanes, at the intersection to two lanes, which would create traffic .problems; that they - do hot feel enough .new material has been presented to warrant sending matter back. to. the Planning Commission and that they feel that the decision of Planning Com- . mission,should,be followed since they were unanimous in their decision to deny this rezone application.After due discussion, it was!MOVED.by Lust, seconded by Keith that • legislation be prepared affirming the Planning Commission's decision and denying said rezone applicationl carried, Keith, Lambert, Larson, Lust, McNeice and Robinson voting'aye by voice vote. Brown not voting. . This being the time fixed for the continuation of the Hearing on the approval of the Six Year Street Construction Program,'having been continued from June 22, 1S70 for further study of the memo on Pedestrian Overcrossings at the.Yakima Valley.College, after having been MOVED by Keith, seconded by McNeice to pass the approving said Program, the matter of the Pedestrian overcrossings and the traffic problems at the College were • discussed. City Manager McMicken indicated that he feels that the subject of the Pedes- trian.overcrossings has not been property dealt-with, since previously there had'been discussion on only one such overpass. Councilman Brown suggested that the Six- Year'Pl"an be approved and judgment be reserved on the pedestrian overcrossings. Other Councilmen indicated .that they would hope that this matter could be studied further in the not too • distant future. Mr. George Pennell, of the Yakima- Valley College, being present, spoke in favor of the pedestrian overcrossings. After due discussion, Mayor Larson called for the roll call vote on the Motion to pass Resolution No. D- 1505.approving the Six Year street Program and it carried, Brown; Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1505, A RESOLUTION adopting a Six Year Construction Program for the period of 1971 through 1976 for construction of streets and arterial streets in the City of Yakima. • This being the time fixed for the Hearing on Resolution No. D -1498 of intention to improve property by the construction of a sewer-in the vicinity of S. 1st Street and Washington Avenue, and there being no protests in writing or otherwise, with the excep- tion of a correction to be made in the assessment charge in one property; it was MOVED by • McNeice, seconded - by Lambert that Ordinance No. 1228 creating L.I.D. No. 980, S. First Street and East Washington Avenue Sewer District, be passed as read. Discussion brought out that one property owner Mr. J.K. Manning with two parcels had been charged two basic • assessment $200 fees, whereas all other sproperty 'owners.with more than one parcel had been charged only one $200 basic fee. ..Council members. indicating that they felt Mr. Manning should be charged only one basic $200 fee, it was MOVED BY Robinson, seconded by - Lambert that $200 be deducted from his assessment.charges and that it should be treated h._• 73/ JUNE,: 29, 197 0' . as,one-parcel: carried, Brown,., Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by, voice vote... Mayor Larson then called for the roll call vote on the Motion to, pass Ordinance No 1228 creating said .district and it carried, Brown, Keith, Lambert, Larson, • Lust, .McNeice and." Robinson voting: aye on,...roll call. : • . • ORDINANCE NO,. 1228, AN.ORDINANCE providing for the improvement.of certain property by the construct'ion,of a pipe sewer with the necessary wye branches and manholes in portions of • South First Street and•Washington Avenue; establishing a Local Improvement District, pro - viding for the method of payment thereof, and creating a special fund. This being the time fixed for the Hearing on the•Appeal from the PlanningCommission's decision in denying the Rezone` Application,. filed by & - Mrs Ralph H. John requesting rezone of property located at .the southeast `corner of the intersection of Tieton Drive and 40th Avenue • Mr. Howard_Elofson, Attorney representing the Johnsons, explained that • one reason they are appealing the Planning Commission's decision is because the decision had been very close to a four to four vote and they felt that if it.were referred.back to ' the Planning Commission,'there might be a change -in their recommendation. He reviewed • the Johnson Rezone:' Application explaining that due.`to the 'congestion of traffic of the intersection at Tieton'Dr.ive and'South 40th Avenue, the noise and debris of 'the high school and community stadium to the .west of his client's property the surrounding.B- • zoning,- this ,property is no• longer; ,desirable - residential property and that . a proposed' Herfe's Restaurant is being planned for this corner, if rezoned.. • Mr. Elofson stated that his client is willing to.give some restrictive covenants, and filed a list of. said sug- gested'covenants with City Council.. Mr. Johnson.spoke in behalf of their application and indicated, that. this property could not be sold for residential purposes due to its location and they could not buy.. another home site until'_ they,.hed disposed of this one.. Mr..Morris, representing.Herfe's, explained the'characterof this type of restaurant,. stating that it'would,,not be 'a typical drive-in, but, would cater to the moderate- income family, and would be an..attractive building.. 'Those present and speaking against this rezone, were Mr. Bob Beiren, Mr. Robert Heimgartner, •Mr..Joe.Prather, Mr. Gene. Baker and Other> property owners in this vicinity, who are against a Restaurant such as Herfe's being • • built: on this corner gas they feel.jt would cause traffic 'and= other'problems. There was. discussion regarding.' the.possibilities - of building : apar.tments.on this property and reasons beVChan ed for 'anything g other l sin led it, was indicated that the zoning would have to for and against th - family residence `and the Johnson would'have g to file a, new. rezone' request. The majority of` the Council members indicateds {that they . . sympathize with the Johnson problems regarding this property, but are not ih favor of more commercial zoning in this area and suggested that a request be made for a Planned Development Zone. Councilman Lambert, stating that although she had been against the Albertson rezone across the street., feels that this property is• -not Multiple. •Dwell•ing ' property any more than. single family,- and will support the request for rezone. After -due . • discussion, it was MOVED by Robinson, seconded by Lust . , that: Resolution No D -1506 affir ming the Planning ` Commission's' decision : and . .denying the rezone .application; be passed as read carried; , Brown; ..Keith, Larson, Lust, McNeice and Robinson - voting aye - on roll•call' . • Lambert voting nay on roll call. . •, RESOLUTION NO. -D- 1506, A. RESOLUTION affirming the.action of. the Planning. Commission in denying the: application of Mr. & Mrs.. Ralph' H. Johnson for the. rezone of property-situated at the southeast corner of the intersection' of Tieton Drive and 40th Avenue, in the City of Yakima,. Washington, from R -1 -; One Family Zone; to B -2, 'Local Business Zone. . In accordance with action taken by the City Council on June 22, 1970 and the matter of the passage of an Ordinance ' prohibiting parking on the - south• side ` of .Nob' Hill Boulevard from Rock`Avenue to South 16th Avenue,•having been continued to this date` to' obtain` fur= . •• ther dataon this` matter,'a= Traffid'Report prepar-ed.by the Traffic Engineer, has received and studied.by Council .member's. : brought out the fact that there' are traffic hazards that will gradually become greater, and Council members indicating that they ' understand the ' problems' bf the• property owners 'who' do not' wish . the parking ' removed ; and would help. them' all they - possible can, it was 'MOVED by'`Keith, seconded by . Lust that final action on the Ordinance to• remove the parking as con- ' tinued for one year,'.or until the last meeting in May /of 1971, at which time said Ordi- nanc.e- be passed :carried, Brown, Keith, Lambert, Larson Lust, McNeice and Robin voting aye by voice vote. Council members'indicated_ that they hope that this'one year of postponing the removal of the parking will give the concerned property owners time to make other parking arrangements. Mr. Ormund Fluegge of Billington Builders, spoke' regarding this :matter ;and .is very 'much against the _parking . ever .being " removed, as his place of . business is only a few feet from the...street even with parking and he indicated that when it is removed some legal action may betaken by him against this action, and referred to . the fact that when this street was widened he had given some right -of -way with the under- standing that 'there would be parking. . "" A letter having been received from Howard. Hettinger, representing.Mr..& Mrs.. George. Tucker who operate.Arrow Rents on Lincoln Avenue, explained that a rezone has been filed requesting the rezone of property on the south side of Lincoln Avenue extending westward from the recent rezone that was granted. He further explained in this letter • that the epplication.includes Mr. Tucker's property on the west, the P.P. & L. property, two lots belonging to Dr. Ballew, and property belonging to Mrs, Pond and that the appli- cation has been signed by Dr. Ballew and Mrs. Pond. Mr. Hettinger; being present and referring to his letter,, explained that the. Pacific Power & Light Company has not joined in'the petition for-rezone, .but Mr. Ed Thoman has assured him thatthey are willing that their property be rezoned along with the rest, and had stated that because of other re- . lationships,.with the City which the P.P.& L. has, he prefers' not to join in the petition. Mr. Hettinger referred to Section •12.76.020.of the. Municipal Code which provides that amendments to the zoning classification of property may be initiated either by the appli- • cation of property owners, or by a resolution of intention of City Council or a ' • JUNE 29, 1970 Resolution of intention .of the planning commission and requested that the property of the Pacific Power & Light Company be included in the application for rezone-which is'being: filed for consideration by either the City Council or Commission adopting • a resolution of intention to include this property so that'it may be all considered at the same time. After due discussion, Council members-indicated that they feel if this is to be done, it should be done by the P.lanning'Commission to be considered at the same time as the rezone request. City Manager McMicken stating that the Yakima Sunfair Committee has requested that South 2nd Street. between Chestnut and Walnut be closed to vehicular traffic from July 1, 1970, through July 5, 1970, for the prupose of conducting amusement rides and concession stands as part of a program for promoting Yakima Sunfair, it :was MOVED by Brown, seconded by Robinson that Resolution No. D -1507 authorizing the temporary closure of said street, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye .on roll call. RESOLUTION NO. D -1507, A RESOLUTION authorizing the temporary close of a portion of South • 2nd Street for conducting amusement rides and concession stands. • City Manager McMicken referred to his Report #91, Implementation of 1970 Pay Plan which explained that since May 14, 1970,'h.e' has been negotiating with the three employee groups . certified to•conduct collective bargaining and recommends revising the pay plan as sug- . gested in his report. He stated - that if the City Council approves this report as a guide line for amending the pay July 1970, and subsequently January 1 and July 1 in 1971 as he recommends in this report,; that the appropriate ordinances will be prepared and pre- sented for action at the proper times. • .After due discussion, it was MOVED by Robinson, seconded by McNeice that the City Manager Report #91, be approved as a guideline for amend ing the pay plan as recommended and that the appropriate legislature be prepared for action at the proper times:'carried,. Brown, Keith, Lambert, Larson, Lust, McNeice and • Robinson voting aye by voice.vote. • City Manager McMicken referred-to-the new Rate Schedule filed by Sun Valley Ambulance and stated - that this is filed with the City Council for information only. City Manager McMicken explaining that a claim for damages was filed by Joseph R. Litzinger, in the amount of $48.48, for.damages resulting from a.sewenbackup, it was MOVED by Robin- son; seconded. by Brown that Resolution No D -1508 authorizing the of said claim for damages, be passed as read: carried Brown, Keith, 'Lambert, Larson, .Lust, McNeice and Robinson voting aye.on roll call. ' RESOLUTION NO. D -1508, A RESOLUTION authorizing payment of a Claim for Damages filed against the City of Yakima by Joseph R.•Litzinger. • City Manager McMicken explained that it is necessary that the City purchase materials con- sisting'of'repair 'parts' for a refuse collection unit, which materials can be obtained from one source only, it was MOVED by Keith, seconded by McNeice= that'Resolut.on No. D- 1509, A RESOLUTION authorizing the purchase of said materials without calling for bids, be passe& as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. • ° • RESOLUTION NO. D- 1509,,A RESOLUTION authorizing the purchase of materials without calling for bids. • City Manager McMicken requesting. that out -of -State travel be authorized for Public Works Director John Mayo to go to Oakland, California, to attend a one -day refuse meeting, it was MOVED by Robinson, seconded by McNeice that said travel be allowed with expenses paid: • carried, Brown, .Keith, Lambert, Larson, Lust, McNeice and'Robinson voting aye. by voice vot There being no further business to come before the Council; it was MOVED by Lust, seconded by Keith that we do now adjourn at the hour of 7.:45.P.M..: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robi cr. vo ing aye_by voice vote. READ AND•CERTIFIED'ACCURATE BY .. ... DATE - 10 COUNCILMAN • ` v `A DATE �f COUNCILMAN - • ATTEST: - ( . • A f - C I T Y C L E R K / ,!' M A Y O R . ,f • • • • • • • • •