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HomeMy WebLinkAbout11/01/1965 Business Meeting 90 November 1, 1965 " The City Council met in regular session, Mayor Larson presiding, Councilmen Brazier, Brown, Lambert, Lynch and Robinson, City Manager Smith and City Attorney Andrews, present on roll call. MOVED by Robinson, seconded by Lynch that Councilman Kurbitz be excused from this meeting:. carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Kurbitz present after 3:10 P.M. The Invocation was given by Councilman Lambert. The minutes of the regular meeting of October 25, having been duly certified accurate 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 set for meeting with the initiating party on Notice of Intention to Commence Annexation Proceedings, as filed with the City Clerk on October 21, 1965, by Orman E. Arnold praying for annexation of property south of Mead Avenue and west of Led - wich•Avenue, and Mr. Arnold being present and stating he is willing to assume his share of the City's existing indebtedness, it was MOVED by Robinson, seconded by Lynch that the annexation requested by Orman E. Arnold 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: carried., Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Kurbitz absent. Councilman Kurbitz present after 3:10 P.M. for the balance of the meeting. • This being the time set for the hearing on the Appeal from the Planning Commission's decision on Petition No. 3$6, as filed byManaglia and Dochow requesting rezone of propert at 2703 and 2709 Nob Hill Boulevard, reference was made to the Memo from City Attorney Andrews explaining that an Ordinance or Motion was not prepared at this time since there are several alternative decisions which can be made by the City Council at this final hearing. Mr. Elry Grandstrand showed a sketch of the proposed building area, explaining the plans for this area if zoned B -1, with the rest of the area being rezoned R -3. . Councilman Lynch stated they should protect against another building being built in front of the proposed building, that the corner needs to be open. Mr. Grandstrand stated they would be happy to accept the suggested 75 to. 85 feet. Councilman Brown said this type of buffer would enhance the area. It was MOVED by Lynch, seconded by Brown that the Staff meet with Mr. Grandstrand and draw up a plan describing the building area and exact frontage desirable in the B -1, keeping the remaining property R -3, and prepare the Ordi- nance rezoning said property: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Councilman Robinson stated he was opposed to calling this a buffer zone. . This being the time set for the hearing on Petition No. 413, as filed by Robert E. Elves, with the City Clerk on August 30, 1965, requesting rezone of property at 28th and Nob Hill Boulevard, and the Planning Commission having recommended the rezone of said property, it was MOVED by Brown, seconded by Lynch that Ordinance No. 733 accepting the recommendation of the Planning Commission and rezoning said property be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. ORDINANCE NO. 733, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located at 28th and Nob Hill Boulevard, Northeast Corner, in the City of Yakima, Washington, from R -2, Two- Family Zone, to R -3, Multiple - Family Zone. This being the time set for the hearing on Petition No. 41$, as filed by Erwin E. Strawn, with the City Clerk on September 15, 1965, requesting rezone of property situated at 31$ North 16th Avenue, and the Planning Commission having recommended the rezone of said property, it was MOVED by Lynch, seconded by Brown that Ordinance No. 734 accepting the recommendation of the Planning Commission and rezoning said property be passed as read. Mr. Howard Hettinger, Attorney representing Erwin E. Strawn and Mr. Estes Clark, explained • the request for rezone, pointing out that Mr. Clark's property at the corner of 16th Avenue and Lincoln Avenue is already zoned B -3, but is too small for the proposed gas station and if the Strawn property can be rezoned from R -3 to B -3 and combined with Mr. Clark's existing B -3 lot, the American Oil Company proposes to build a service station on this site. He stated further that this improvement will remove the unsightly building there now, increase property values in the neighborhood, and the establishment of a service station at this site will lead to the closing by American Oil Company of service stations presently located at 5th Avenue and Poplar, as well as the one at 3rd St. and East Lincoln Avenue. Mr. Jack Mueller, American Oil Company representative indicated that the Strawn property would be graded to the same level as that of the Clark property, that the bottling works building would be torn doom and that both Lincoln Avenue and 16th Avenue would be utilized for access to the proposed service station site and that the site has 131 feet of frontage on Lincoln and 150 feet of frontage on 16th Avenue. Also speak- ing for this rezone were Mr. Strawn and Mr. Sullivan, property owners next to the Clark property. Mr. Richard Smith, Attorney representing Mr. and Mrs. Wesley McLean, 316 N. 16t Avenue, stated that in the Planning Commission hearing, it was felt that his clients and others opposing this rezone, did not explain their objections to this rezone pointedly enough so that they were considered properly by the Planning Commission. He filed with the Mayor and the Clerk of the Council, Petition with some 1$$ signatures of people who live within a five block radius and who are opposed to the rezone because they feel that a gas station across the street from Milroy Park and Playground, would jeopardize the safety of children using this park and increase parking and traffic problems. He asked on behalf of his clients that this matter be referred back to the Planning Commission for further study. Attorney Smith indicated that this is spot zoning and is contrary to and does not fit our Comprehensive Plan. Mr. Wesley McLean raised questions regarding the need for a retaining wall between the proposed service station site and his property, if this rezone is passed, and was assured by Mr. Mueller that this would be done. Also speaking in opposition to this rezone were Mrs. Wesley McLean and Mrs. Richard Thomas, 1512 Cherry Avenue. Councilman Robinson indicated that he believed rezoning this property will improve the area and is the highest and best use for it. Mr. Ed Putman, Park Direc- tor, mentioned the bad situation with the parking at Milroy Park on 16th and Lincoln and that the future widening of 16th Avenue will not improve the situation. Councilman Lynch. . pointed out that more undesirable businesses could be put in a B -3 zone and that a service station would not necessarily increase the traffic hazard. He indicated that he believed that this matter should be referred back to the Planning Commission in view of the many protests. In answer to Councilman Lambert's question as to ingress and egress on both Lincoln Avenue and 16th Avenue, it was indicated that both streets would be used. In answer to Councilman Kurbit's inquiry regarding the matter of grading, it was indicated 91 . November 1, 1965 that the Oil Company would protect the McLean property by constructing a retaining wall for safety. Planning Director, Rudy Gast, indicated that he does not believe that this repre- sents the most appropriate use for this property. There being no further discussion, it was MOVED by Robinson, seconded by Brazier that the phrase, "that the majority of-property owners in the vicinity do not oppose the change in classification ", be deleted from para- graph number two, in Ordinance No. 734: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Mayor Larson called for the vote on the original motion to pass Ordinance No. 734 as amended: carried, Brazier, Brown, Lambert, Lynch and Robinson voting aye on roll call. Kurbitz abstaining. Larson voting nay on roll call. ORDINANCE NO. 734, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located at 31$ North 16th Avenue, in the City of Yakima, Washington, from R -3, Multiple- Family Zone, to B -3, General Business Zone. At 4:45 P.M., Councilman Brazier asked to be excused from the rest of the meeting. It was MOVED by Lynch, seconded by Brown, that Councilman Brazier be excused for the balance of the meeting: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Petition No. 426, having been filed with the City Clerk on October 26, 1965, by Wm. L. Cawley and Others, requesting construction of a sewer from West Pierce Street to King Street between South 7th Avenue and South 8th Avenue, it was MOVED by Brown, seconded by Lynch that said Petition be referred to the City Manager and Staff for study and recommen- dation: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brazier absent. Before leaving at 4 :45 P.M. on this date, Councilman Brazier stated that he is in favor of the Ordinance relating to Utility Taxes. It was MOVED by Lynch, seconded by Brown, that Ordinance No. 735 relating to Utility Taxes . upon certain utilities and fixing tax rates, be passed as read: carried, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Brazier absent. ORDINANCE NO. 735, AN ORDINANCE relating to business and occupation taxes upon certain utilities, fixing tax rates, providing for a surcharge, saving certain taxes and amending Section 5.50.050 of the City of Yakima Municipal Code. City Manager Smith reported that the Staff has reviewed the matter brought up at the last regular Council meeting on October 25, 1965, by Mrs. Donald Springer regarding sewer charges when the property owner is not hooked up to the sewer, and has recommended that the City Code be amended. Manager Smith indicated that an Ordinance would be forthcoming at the next regular meeting of the City Council on November $, 1965. City Manager Smith also requested premission from the Council for the Staff to sign an easement for the Pacific Power and Light Company to put a pole and guy wire on City proper - ty at the Sewage Disposal Plant. It was MOVED by Kurbitz, seconded by Robinson that said easement be signed as requested by City Manager Smith; carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brazier absent. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by Lynch that we do now adjourn at the hour of 5:10 P.M.: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brazier. absent. 9 READ AND CERTIFIED ACCURATE BY / w'�'t/� DATE 4/ G COUNCILMAN DATE / / - r - S COUNCILMAN ATTEST: 2 C I T Y C L E R K M A Y O R IL