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HomeMy WebLinkAbout07/10/1967 Business Meeting 299 July 10, 1967 'D he City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson, Acting City Manager Friedline and City Attorney Andrews present on roll call. . The Invocation was given by Councilman Kurbitz. The minutes of the regular meeting of July 3, 1967, 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. An Ordinance appropriating $1,524.00 within the 1967 Budget for the Municipal Court, having been read in its entirety at the regular meeting on July 3, 1967, and being read by. Title only at this meeting, it was MOVED by Robinson, seconded by Lambert that Ordinance No. 935 providing for said appropriation, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Councilman Robinson inquired as to what effect the resignation of Court Clerk Blake will have on the money available. Acting City Manager Friedline'stated that there would undoubtedly be some saving, and also some saving in the Court Clerk's salary, but any money left would revert back to the general fund at the end of the year. ORDINANCE NO. 935, AN ORDINANCE appropriating the amount of $1,524 from unappropriated money in the Current Expense Fund to Account 010, Salaries and Wages, of the Salaries and Wages Classification, in the 1967 appropriation for 103 - Municipal Court. This being the time fixed for the hearing on Petition No. 522, filed by Cook -Lewis Company and Others, requesting Vacation of the alley in Block 130, Huson's Addition, between N. 6th and N. 7th Streets, and there being no protests in writing or otherwise, it was MOVED by Brown, seconded by Lynch, that Ordinance No. 936, providing for said vacation be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Councilman Robinson inquired regarding the reservation of 20 feet for utilities, which is the width of the alley. Planning Director Rudi Gast replied that the proposed . ramp will have to meet the approval of the City so that servicing equipment, etc., can get to it, and will be subject to Council review. Councilman Lambert brought up the matter of vacating the entire alley area, whereas the entire alley will not be used. Mr. Gast stated that other property owners in the vicinity have also signed the petitiom for the vacation of the alley. He further stated that the alley will not be closed physically, but the motel will be able to limit access to the alley and the north four lots can work out their own arrangements. . ORDINANCE NO. 936, AN ORDINANCE providing for the vacation of a public alley in the City of Yakima, Washington. This being the time fixed for the hearing on the appeal from the Planning Commission's decision to deny rezone on Petition No. 528, filed by H. E. Patterson and Keith J. Spanton, requesting rezone of property in the general area of 57th and 58th Avenues, abutting Lincoln Avenue, it was MOVED by Robinson, seconded by Lambert that a Resolution affirming the action of the Planning Commission to deny said application, be passed as read. Mayor Larson opened the meeting for discussion on this matter. Mr. Keith Spanton spoke for the rezone petition, reviewing the matter as presented to the Planning Commission. He stated that some time ago Mr. Smith, City Manager, had contacted him requesting that he join with the Chalet Mall annexation in coming into the City. At that time he refused to do so, saying that he was not ready yet as they were not financially in a position to do so. Mr. Spanton stated that the lots in this development were covered by restrictive covenants which allow multiple dwellings and that previous to the annexation one lot had been sold and a fourplex built, which became non - conforming after annexation. He further stated that Mr. Smith contacted him again asking him to join in the. Chalet Mall annexation and assuring him that the only difference would be that he would be inside the City instead of outside and in addition City services would be available if and when'they wanted to use them. Mr. Spanton contacted Dr. Patterson, the owner of these lots, advising him it would be all right to sign the annexation petition, which he did. The annexation hearing was held in January, when Mr. Spanton was in the Legislature. He stated that he did not receive a notification of the hearing, although. Dr. Patterson did, and that Dr. Patterson had assumed that Mr. Spanton would be there. Mr. Spanton stated that they did not know of the R--1 zoning for their property until a man wishing to buy one lot came to the City to get a building permit to build a duplex and found the lot was zoned R -1. Mr. Spanton then filed a petition for rezoning to R -2. Mr. Spanton stated that all he was asking is that the City keep its promise, that he didn't have to come into the city, but did it as a favor in order to get the Chalet Mall property in, and that he would not have "cut his own throat" and allowed Dr. Patterson to come into the City had he known this was going to happen. He further stated that he was promised that nothing would be changed if he came into the City and understood this to mean the zoning of the property. Mr. Spanton stated that if it would help the situation, . he would eliminate Lots 13 and 20 from the portion requested for multi- ple family use, leaving them zoned R -1. Mr. Jerry Clifton, 5709 W. Lincoln, and Mrs. Clifton Burdette, 5802 W. Lincoln, were present stating that they had not wanted to be annexed to the City in the first place, and now that they are in do not want the zoning changed, but want it left R -1. Councilman Kurbitz suggested that the matter be referred back to the Planning Commission for re- study. Councilman Lynch stated that the thing that bothered him was the misunderstanding involved in this matter, that Mr. Spanton feels that . commitments were made to him, but that the City staff members know they cannot make commit- ments. Councilman Lambert pointed out that it is normal for property to be zoned R -1 when annexed and that Mr. Smith would never have made any promises for the Planning Commission or the City Council on zoning, as no one in the City staff can make any commitments or promises on zoning. Councilman Robinson also stated that the City did not make a commitment because no one in the City can. He further stated that at the time of annexation, there was lots of discussion on zoning. Public Works Director John Mayo stated that no commitments so far as zoning had ever been made in his discussions with Mr. Spanton. 'In answer to Council members' questions as to the procedure in notifying'persons of Hearings, Planning Director Rudi Gast explained that in Annexation proceedings, all persons involved in the proposed annexation are contacted and advised of the Planning Commission and City Council Hearings, and all persons in the immediate vicinity of the property involved are notified of Zoning hearings, and are guided by records in the Assessor's office for names of property owners. Council members discussed Mr. Spanton's offer to eliminate Lots 13 and 20 from the request for rezoning the property to R -2, stating that this is a new suggestion that had not been brought out at the Planning Commission meeting. After due discussion, Mayor Larson AL 300 July 10, 1967 asked for a roll call vote to pass the Re8Oldkion the.action,of,'the Planning Commission to'deny said application. Brown voting aye on roll call. Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting nay on'roll call. Motion lost for want of a maj ority vote. The Council members, in voting no, stated that they were not voting against the recommendation of the Planning Commission to'deny this rezone, but feel it sho uld be referred back to the Planning Commission to re - study and t'o consider the new suggestion that Mr. Spanton made to leave Lots 13 and 20 out of the rezone request. A formal written motion having been prepared..by the City Attorney disapproving the recom- mendation of the Planning Commission, it was then read, and it was MOVED by Robinson, seconded by Lynch that said Motion be passed as read; carried, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Brown voting nay on roll call. Mayor Larson was excused from this meeting at 4:15, at which time Acting Mayor Robinson presided for the balance of the meeting. . Petition No. 537, Notice of Intention to Commence Annexation Proceedings, having been filed with the City Clerk on July 6, 1967, by Larry D. and Patricia C. Zerr, requesting annexa- tion of property south of W. Mead Avenue, between South 7th and Cornell Avenues, it was MOVED by Lynch, seconded by Lambert, that this date be set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceed- ' ' ings dated July 6, 1967: carried, Brown; Kurbitz, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Larson absent. Larry D. and Patricia C. Zerr indicating that the area to be annexed is willing to assume its share of the City's existing indebtedness, it was duly moved, seconded and passed the annexation proposed by Petition No. 537 (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be to assume the City's existing indebtedness. The above Motion was made by Lynch, seconded by-Lambert and carried, Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Larson absent. Petition No. 538, filed by Lee Campbell, Glascam Builders, Inc., requesting improvement of property by constructing water mains to serve Valley View Estates Addition, and Petition No. 539, filed by Lee Campbell, Glascam Builders, Inc., requesting improvement of property by constructing curbs, gutters and surfacing of all streets within Valley View Estates Addition, both petitions having been filed with the City Clerk on July 6, 1967, it was MOVED by Lynch, seconded by Lambert that said petitions be referred to the City Manager and Staff for study and recommendation: carried, Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Larson absent. MOVED by Brown, seconded by Lynch that Ordinance No. 937 fixing the time of delinquency and providing for the issuance of Installment Notes for the payment of the unpaid portion of L.I.D. No. 915, Sumac Sewer District, be passed as read: carried, Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson voting aye on roll call. Larson absent. (4%) ORDINANCE NO. 937, AN ORDINANCE .fixing the time of delinquency of installments of assess - ments . levied for the payment of the cost of the improvement in Local Improvement District No. 915, and providing for the issuance of Local Improvement District Installment Notes for the payment of the unpaid portion thereof. MOVED by Brown, seconded by Lynch that Ordinance No. 938, fixing the time of delinquency and providing for the issuance of Installment Notes for the payment of the unpaid portion of L.I.D. No. 956, Marilane Sanitary Sewer District, be passed as read: carried, Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson voting aye on roll call. Larson absent. (5 %) ORDINANCE NO. 938, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment,of the cost of the improvement in Local Improvement District No. 956, and providing for the issuance of Local Improvement District Installment Notes for the payment of the unpaid portion thereof. Councilman Kurbitz excused from this meeting at 4:20 P.M. MOVED by Lynch, seconded by McNeice that Ordinance No. 939 relating to water service rates, providing for a special irrigation rate on domestic water, and amending the Yakima Munici- pal Code, be passed as read: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye on roll call. Kurbitz and Larson absent. Public Utilities Director Frank Stein explained that this Ordinance will make it possible for those consumers who do not have adequate irrigation service to obtain domestic water at a special irrigation rate during the irrigation season. ORDINANCE NO. 939, AN ORDINANCE relating to water service rates; providing for a special irrigation rate on domestic water; and amending Section 7.68.252 of the City of Yakima Municipal Code. The Engineer reporting on the completion of L.I.D. No. 916, West Nob Hill Boulevard, Curb, Gutter and Paving District it was MOVED by Lynch, seconded by McNeice that August 7, 1967, be fixed as the date of Hearing for confirming the assessment roll on said District: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. The Planning Commission reporting. on Petition No. 536, filed by Dale E. Miller and Others, requesting rezone of property located at 301, 303, 305, 307, 309 and 311 South llth Avenue, it was MOVED by Lynch, seconded by Brown that July 24, 1967, be fixed as the date of Hearing on said Petition: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. 301 July 10, 1967 • The City Engineer reported the following estimates for work performed during the month of June, 1967, for payment: The following are monthly estimates: PROJECT , 'CONTRACT AWARDED & CONTRACTOR FUND AMOUNT So. 3rd Avenue Arterial May 1, 1967 . LID #955 _ Improvement Mead Ave. Superior Asphalt & Concrete Co. 370 -930 $21,417.03 to Nob Hill Blvd. Englewood Heights Add. May 15, 1967 LID #963 & Other Sanitary Sewers DeBlasio Brothers 520 -930 9,453.96 Englewood Heights & Other June 5, 1967 LID #962 & Domestic Watermains Larry DeBlasio #964 4,172.08 • The following is a final estimate: Washington Avenue Interceptor November 28, 1966 . 580 Sewer - Extension #2 DeBlasio Brothers 520 -930 4,604.40 It was MOVED by Brown, seconded by Lynch that the report of the City Engineer dated July'5, 1967, with respect to the progress on the various construction projects of the City of Yakima, be approved and that the progress estimates therein set forth be approved and payment of the same authorized: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. Bids were received and considered by a Bid Board on this date, for work to be done in connection with the Yakima Municipal Airport Improvements, (F.A.A.P. 9 -45- 023 -10), as fol- lows: . Schedule I YAKIMA Cement & Asphalt Paving Co. $ 616;050.66 Page Paving Company 706,499.63 Schultz & Lindsay Constr. Co. 759,136.07 Superior Asphalt & Concrete Co. 780,484.90 Associated Sand &Gravel Co., Inc. 792,522.25 McAtee and Heathe, Inc. 808,314.19 Schedule II . Knobel's Electric, Inc. . $ 104,485.,89 Westcoast Electric Co. of Wash. 110,569.69• Wilson' Electric, Inc. 122,341.44 D. G. Quinton Co., Inc. 135,778.99 Smith Electric 140,161.64 - John Mayo, Public Works Director, stated that it is the recommendation of the Engineering Department that the apparent low bidders on the above listed Schedules being Yakima Cement& Asphalt Paving Co. on Schedule I and Knobel's Electric, Inc.. on Schedule II, be tentatively awarded the bids subject to the prior approval of the F.A.A. After due discussion, it was MOVED by Lambert, seconded by Lynch that the Engineer's recommendation be accepted and the bids be awarded to Yakima Cement and Asphalt Paving Co. on Schedule h in the amount of $616,050.66 and Knobel's Electric, Inc., on Schedule II in the amount of $104,485.89, subject to the approval of the F.A.A., and after their approval is received that the City Manager be and is hereby authorized to enter into a contract with said con - tractors upon the filing of the proper bond and insurance: carried, Brown, Lambert, . Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. Damage Claims having been filed by Cecil M. Warriner, 2001 Tieton Drive, for damages . caused by sewer backup problems, and W. Happy Mercer, 107 S.' Alder, Toppenish, Washington, for damages caused when Mrs. Mercer fell because of a defective sidewalk in the. City of Yakima, it was MOVED by Brown, seconded by McNeice that said Damage Claims be referred to the Acting City Manager and Staff for study and recommendation: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. There being no further business to come before the Council, it was MOVED by Lynch, seconded by McNeice that we do now adjourn at the hour of 4:30 P.M.: carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. ) t l Re ad,and Certified accurate by DATE 7 / 7 COUN ;) c� �lJ --- G` ' DAT E / 7 / � 7 COUNCILMAN ATTEST f 1 . , . „ • „- DEPUTY CITY CLa' MAYOR • � r A C I G M 0 R •