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HomeMy WebLinkAbout03/21/1966 Business Meeting 144 .. MARCH 21, 1966 The City Council met in regular session, Mayor Larson. presiding, Councilmen Brazier, Kur- bitz., Lambert, Lynch and Robinson, City Manager Smith and City Attorney Andrews present on roll call. Councilman Brown absent on roll call. It was MOVED by Robinson, seconded by Lynch that Councilman Brown be excused from this meeting:. carried, Brazier, Kurbitz, Lam - bert, Larson, Lynch and Robinson voting aye by voice vote. The Invocation was given by Councilman Lynch. The minutes of the regular meeting of March 14, 1966, having been duly certified accurate by two councilmen and no one present wishing to have said minutes read publicly, Mayor Lar- son declared said minutes approved as recorded. This being the time set for the hearing on Petition No. 427, as filed with the City Clerk on November 4, 1965, by Marguerite and Will J. Hackett, requesting the vacation of a portio of Hamm Avenue, said hearing having been continued from January 10, 1966, and the Petition- ers requesting in writing the continuation of this matter until July, 1966, it was MOVED by Lynch, seconded by Lambert that the hearing on said Petition for vacation be set for July 1$, 1966: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. . This being the time set for the hearing on Petition No. 444, as filed with the City Clerk on February 10, 1966, by Ralph Sundquist and Morrie Stotsenberg, requesting rezone of prop- erty located on the North side of Lincoln Avenue between N. 24th and N. 25th Avenues, it was MOVED by Brazier, seconded by Lynch that the Ordinance accepting the recommendation of the Planning Commission and rezoning said property, be passed as read. Mayor Larson opened the meeting to discussion by interested people for and against said rezone. Mr. Charles Lyon, Attorney, appearing on behalf of Ralph Sundquist, explained that Mr. Stotsenberg owns this property and that Mr. Sundquist has an earnest money agreement on this property based on the requested rezone, and if it is rezoned as requested, then Mr. Sundquist will build a five -story apartment building, with two apartments on each floor, called Lincoln Court Apartments. Mr. Lyon presented maps, pictures and rough sketches of the proposed apartment building. He stated that since the plans and recommendations had been presented at the. Planning Commission meeting and the Planning Commission recommends the rezoning of said property, he would not go into further detail, but would hope that the Council will accept the recommendation of the Planning Commission and rezone said property. Mr. C. W. Halver- son, Attorney, representing the opponents to this proposed rezone, explained that at the Planning Commission meeting, there had not been any prepared case against this rezone and his clients feel that the Planning Commission did not have all the facts or a true picture of the objections to said rezone, so they have asked Mr. Halverson to present their case to the City Council. Mr. Halverson presented a map to the council showing the zoning in said area, noting that almost all of the area is zoned R -1, residential area. He further stated that he believes the zoning law specifies that zoning boundaries may be amended whenever public necessity, convenience and public welfare require it, and he does not believe this requested rezone qualifies and he indicated he believes it is a flagrant case of spot zon- ing which he stated is illegal. Mr. Halverson pointed out that this area, known as Lundy Lane Addition is platted into residential lots, all zoned R -1, that the original deeds had restrictions that only a single detached dwelling could be built on them, and many of these lots still have this restriction. He also stated that many people would not have bought in this area if they had known there might be an apartment house next to their property. Mr. Halverson gave many other reasons for his clients opposing this suggested rezone, such as invasion of privacy with a high rise apartment building overlooking many backyards, traffic conjestion, and property values would be reduced. He summarized his arguments against this proposed Ordinance to rezone said property, by again referring to the Zoning Code and to the fact that the Planning Commission had not been given all the facts to consider at their meeting,in their decision to recommend said rezone, and he requested that the Council deny this amendment and leave this property in an R -1 zone. Attorney Charles Lyon stated that he has copies of all of the original Lundy Lane deeds and of the 26 lots in this addition there are only three or four that have the original restrictions of single detached build- ings being built on them. Mr. Halverson stated that there are at least 16 of these with the original restrictions on them. Interested persons present at this meeting and speaking against the proposed rezone and apartment building were: Mr. R. L. Tolson, 321 S. 25th Ave., who stated that when they appeared before the Planning Commission, they were not full prepared to state their case against this rezone and would like to go back to the Planning Commission with a better presentation, and stated he felt this rezone and apartment house would be an invasion of privacy; Mr. Harold Thompson, 315 N. 25th Avenue, feels it would be a financial loss as it would devaluate their property, and that there would be parking difficulties; Mr. Larry Miller, 325 N. 25th Avenue, because he also felt that this would cause a reduction in property value and stated that when he had purchased his home in this residential area, he-didn't know anything about this proposed building or he wouldn't have bought in this vicinity; Mr. Gerald Weimer, 2505 Lincoln, stated they had recently bought their home and have done extensive remodeling, and feel that this five -story building will not lend to what is desirable and will encroach on privacy and expressed concern regarding spot zoning and what kind of structures will end up there; Mr. Bert Broad, 230 N. 25th Avenue, mentioned his property is one with the restriction in the deed and stated that thos- who bought property in this area bought it because it was to be restricted; Mrs. Bert Broad mentioned that she is concerned about the view and the traffic problems, and pointed out that the property next to the proposed rezone is now for sale; and Mrs. Wade, 30$ N. 25th Avenue, stated she had received no notification of this intended rezone and feels there is enough conjestion of traffic on 25th now and that she thinks this apartment building will make more. Mr. Halverson asked for a show of hands of those that are opposed to this • proposed rezone and approximately 50 Of the estimated 60 people present raised their hands against said rezone. After due discussion, Mayor Larson called for the roll call vote on the Motion to pass the Ordinance accepting the recommendation of the Planning Commission and rezoning said property: Kurbitz voting aye on roll call. Brazier, Lambert, Larson, Lynch and Robinson voting nay on roll call. Brown absent. This Ordinance failed to pass for want of a majority vote. Councilman Brazier stated he would have noted for the propert being zoned R -2. Councilman Kurbitz stated he respected the feelings of the prople present, but had attended the Planning Commission meeting, and since the Planning Commission voted 5 to 2 for this rezone, he did not like to oppose their recommendation and would go along with them. Councilman Lynch stated he thinks this matter should go back to the Planning Commission for reconsideration. Councilman Robinson indicated he was very reluctant to disagree with the Planning Commission and feels that the proposed plan is a beautiful one, but does feel it is a spot zone and that it should not be difficult to find a location that AL 141 MARCH 21, 1966 would be just as suitable. A formal written Motion, as prepared by City Attorney, Fred Andrews, was read, said Motion disapproving the recommendation of the Planning Commission that this property located between N. 24th and N. 25th Avenue, be rezoned from R -1, One Family Zone to R -3, Multiple Family Zone, and requesting the Planning Commission to make a further report to the City Council on this matter within 40 calendar days, it was MOVED by Lynch, seconded by Lambert that said Motion be passed as read: carried, Brazier, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Brown absent. Councilman Robinson explained_ that this would be referred back to the Planning Commission, who will hold another hearing on this matter and report back to the City Coun- cil. This being the time set for the hearing on Petition No. 445, as filed with the City Clerk on February 10, 1966, by Yakima School_ District #7, requesting rezone of property located at S. 7th and Walnut Avenues between 6th and 7th Avenues and Walnut and Pine Streets, it was MOVED by Robinson, seconded by Lynch that Ordinance No. 7$3, accepting the recommenda- tion of the Planning Commission and rezoning said property, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll Call. Brown ab- sent. Mr. Bill Phipps, architect for the Davis High School project, explained that this rezone is requested to make it possible to replace the existing buildings with new ones. ORDINANCE NO. 7$3, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located at South 7th Avenue and Walnut between 6th and 7th Aven- ues and Walnut and Pine Streets, in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -3, General Business Zone. � ' Notice of Intention to commence annexation proceedings, having been filed with the City lerk on March 15, 1966, by Orman E. Arnold, Arthur J. Thompson and Others praying for annexation of property located between W. Mead and King Street and Voelker and Rock Avenue, ) and Mr. Arnold and Mr. Thompson being present at this meeting, it was MOVED by Robinson, �. seconded by Lynch that this date, March 21, 1966, be set as the time of meeting with the J • �" initiating parties: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting t (, aye by voice vote. Brown absent. Mr. Arnold and Mr. Thompson, having stated to the Coun �\ cil that the area to be annexed is willing to assume its share ofthe City's existing in- debtedness, it was MOVED by Robinson, seconded by Lynch that the annexation proposed by said parties be accepted by the City of Yakima and that the area to be annexed be required to assume its share of the city's indebtedness: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. Petition No. 456, having been filed with the City Clerk on March 17, 1966,. by Ruby W. Harri- son, requesting rezone of property located at 24th and Washington Avenues, it was MOVED by Brazier, seconded by Lambert that said Petition be referred to the City Manager and Plan- ning Commission for study and recommendation: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. Petition No. 457, having been filed with the City Clerk at this meeting at 9:30 P.M. on II March 21, 1966, by Orman E. Arnold, Arthur J. Thompson and others, praying for annexation ,� of property located between W. Mead and King Street and Voelker and Rock Avenue, it was MOVED ning Commission for study and recommendaton: carried, Brazier, Kurbitz, Lambert, V - \1 and Planning t, , (, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. . a\, . V An Ordinance appropriating S1,400 to the 1966 Budget for the Police Department, for the purchase of two. Motorcycles, having been read in its entirety at this meeting, was ordered laid on the table for one week or until the regular meeting of the Council on March 2$, 1966. Councilman Lambert asked about the cost of new motorcycles and City Manager Smith indicated that fully equipped Police Motorcycles usually cost about $1,900 each and explain- ed that these two motorcycles are being sold by the Washington State Patrol and that we will use them to implement our traffic control. MOVED by Lambert, seconded by Robinson that Resolution No. D -924 authorizing the execution of an . agreement with the Yakima County Humane Society be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll Call. Brown absent.. City Manager Smith explained that this agreement had been set up for one year this time with the usual minimum paid to the Humane Society of S450, instead of the usual two years, because at Budget time, they plan to request the minimum be increased to $500 in the proposed 1967 Budget. . RESOLUTION NO. D -924, A RESOLUTION authorizing and directing the City Manager and the City Clerk to execute an agreement with Yakima County Humane Society. MOVED by Robinson, seconded by Lambert that Resolution No. D -925 authorizing the execution of a Canal Crossing Agreement with the Yakima Valley Canal Company, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson and Robinson voting aye on roll call. Lynch voting nay on roll call. Brown absent. City Attorney Andrews explained that this is a re- vised form of the standard form of agreement that is drawn up between the City and the Yakima Valley Canal Company to use a portion of right of way for the purpose of installing and maintaining sewer lines. . RESOLUTION NO. D -925, A RESOLUTION authorizing the execution of a Canal Crossing Agreement with Yakima Valley Canal Company. . The Planning Commission having reported on Petition No. 454, as filed by the J. M. Perry Institute, requesting rezone of property located at the Northeast corner of 24th Avenue and West Washington, it was MOVED by Robinson, seconded by Brazier that April 4, 1966 be set as the time for a hearing by the City Council on the matter of rezone of certain real prop- erty as petitioned by said petitioner and that the City Clerk give notice of such hearing as required by law: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. An application for sewer connection outside the city, having been filed with the City Clerk on March 1$, 1966, by Nick Rasmussen, 5605 Richey Road, and Mr. Rasmussen being present and stating he is willing to annex to the city and has signed an outside hookup agreement, it was MOVED by Kurbitz, seconded by Lynch that said hookup be allowed: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. 14 March 21, 1966 A vacancy having been created on the Planning Commission Board, by the death of MissS. I. Anthon, it was MOVED by Robinson, seconded by Lambert that Mr. Champ Sanford be appointed to fill said vacancy for the remainder of Miss Anthon's unexpired term to August 31, 1970: carried, Brazier, Kurbitz, Lambert, Larson, Lynch and Robinson. voting . aye by voice vote. Mr. Sanford is an architect and lives in the city. City Manager Smith stated that the City Council members are invited to the Urban Affairs meeting at the Chinook Hotel on Wednesday, March 23, 1966 and indicated he thought it would be a good idea if as many council members as possible could be at this meeting. He also mentioned that there are four other Urban Affairs meetings in the State and then there will be a State -wide Conference in Seattle later on. !RevmRon.Snelling, representing the Council of Churches in Yakima, being present, stated that he is attending this meeting of the Council to observe the council meetings and take infor- mation back to the Council of Churches. He further stated that there probably will be someone from their Council attending the City Council meetings. Mayor Larson extended the appreciation of the City Council to 'R ev.: 'Snelling and the Council of Churches for their interest in City Government and extended an invitation to attend any and all meetings. 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 9:55 P.M.: carried, Brazier, Kur- bitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown absent. READ AND CERTIFIED ACCURATE BY G l 'iu DATE y4 6( 'COU CIL N . `-- -cam._ � v DATE �.� A COUNCILMAN ATTEST: �, / 16,172-67z-t----- CITY CLERK MAYOR