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HomeMy WebLinkAbout08/21/1967 Business Meeting 313 AUGUST 21, 1967 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Lambert, Lynch, McNeice and Robinson, Acting City Manager Friedline and City Attorney Andrews present on roll call. Councilman Kurbitz absent on roll call. It was MOVED by Robinson, seconded by Brown that Councilman Kurbitz be excused from this meeting: carried, Brown, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Councilman Kurbitz present after $ P.M. The Invocation was given by Councilman Lynch. The minutes of the regular meeting of August 14, 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. Councilman Kurbitz present after $:04 P.M. . Before proceeding with the regular meeting, Mayor Larson introduced the newly chosen Miss Yakima, Carol Ann Baumgartner, and read a Proclamation declaring her Yakima's Hostess for the 1967 - 196$ year, and presenting the Proclamation to her. A Resolution authorizing the payment of S35 to Guy S. Wheeler in satisfaction of a Claim for'Damages, having been continued to this meeting to allow for more study and investiga- tion, after it had been MOVED by Lynch, seconded by McNeice to pass as read, it was MOVED by Robinson, seconded by Lynch that this matter be postponed indefinitely to allow for further investigation: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robin- son voting aye by voice vote. This being the time fixed for the Hearing on Petition No. 537, filed by Larry D. Zerr and Others, requesting annexation of property located in the general area of south Mead Avenue and west of Cronell Avenue, and there being no protests in writing or otherwise, it was MOVED by Brown, seconded by Lambert that Ordinance No. 94$ providing for said annexation, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 948, AN ORDINANCE annexing property to the. City of Yakima, and zoning said property. This being the time fixed for the Hearing on the Appeal from the Planning Commission's decision on Petition No. 535, filed by Ace L. Ransier, requesting rezone of property located at 1114 Ledwich Avenue, it was MOVED by Robinson, seconded by Lambert that Resolu- tion No. D -1110 affirming the action of the Planning Commission and denying said rezone application, be passed as read. Mr. Ransier spoke in favor of the rezone, stating that before he bought this property, he called City Hall and someone told him it would be all right to have an automobile paint and body shop in the shop building back of his house, which had been originally built as a garage. He then got a business license, and then it was found that the zoning did not permit this type of business at his location. He then made the rezone request, which the Planning Commission turned down. He further explained that he has put a lot of money into the shop building and feels that somebody goofed at City Hall. Mr. Ransier also stated that the noise problem, that neighbors had complained about, has been resolved and he has cleaned up the place and will be getting rid of the cars in his yard. Present and protesting this rezone were Mr. and Mrs. Adam Schneider, who feel it should be just residential property and object to the paint smell and that it is not cleaned up. Mr. Ted Dexter, objected to the fact that there are four or . five vehicles on the lot and it looks like a wrecking yard. Mrs. Pearl Brown, protested because of the strong paint odor. Mr. V. E. Cook protested the zoning of one particular lot and stated that something more undesirable might be built on this lot. Mr. Burton Williams, 110$ Ledwich Avenue, stated that he doesn't think Mr. Ransier's lot looks any worse than a lot of the rest of the places in the neighborhood. Council members indicated that they are very sorry that Mr. Ransier made this investment under the misapprehension that it was zoned for business, but feel that it would be spot zoning, and because of this and the many objections of the neighbors, that they will go along with the Planning Commission's deci- sion and deny this rezone. After due discussion, Mayor Larson called for the roll call vote on the Motion to pass Resolution No. D -1110 denying said rezone and it carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Councilman Lynch asked to be recorded as not voting on this matter. RESOLUTION NO. D -1110, A RESOLUTION affirming the action of the Planning Commission in denying the application of Ace L. Ransier to rezone property at 1114 Ledwich Avenue in the City of Yakima, Washington, from R -2, Two Family Zone, to B -3, General Business Zone. This being the time fixed for the Hearing on the Appeal from the Planning Commission's decision on Petition No. 542, filed by Leo Gefroh and Others, requesting rezone of property located at 1411 - 1415 W. Yakima Avenue, it was MOVED by Lambert, seconded by McNeice that Resolution No. D -1111 affirming the action of the Planning Commission in denying said rezone application, be passed as read. Mr. Leo Gefroh, 1415 W. Yakima Avenue, spoke in favor of the rezone. He stated that he has checked all the adjoining properties and disagrees with the comments and recommendations of the Planning Commission and Planning Department, and believes that his request for B -1 zoning to build medical offices, is in keeping with the rest of the vicinity. Mr. Urgel Cartier, 1316 Belmont Avenue, filed with the Mayor, a letter signed by property owners on Belmont Avenue,' not particularly objecting to the rezone as bad, but giving their observations and some conditions that they would like studied regarding parking and traffic problems, should this rezone request be granted. Mr. Tom McGinnis and Mr. Francis Sebota, property owners, asked questions on the alley traffic and on what other types of business would be allowed in a B -1 zone. Two written protests were read, one signed by four property owners on N. 15th Avenue and Chicago Avenue and the other by Emma Eilertsen, protesting this rezone because of traffic problems. Councilman Lambert stated that she is completely opposed to strip zoning and does not think it in the best interests of the City to rezone this B -l. Councilman Lynch also indicated that he thinks rezoning this would be spot zoning and incompatible with our City Plan, and that maintaining the present zoning on this property is compatible with the entire neigh - borhood. Councilman Brown stated that we :must.remember that the Planning Commission voted unanimously to deny said rezone and he affirms their action. Councilman Robinson stated (cont.) 319 AUGUST 21, 1967 . that he feels that this is still primarily a residential location, and although we will see apartments go up, doesn't believe the character of the neighborhood has yet developed that far. Councilman Kurbitz stated that he does not believe that B -1 will detract from this area and thinks that it-is inevitable that it will eventually be'B -1. He further stated that he is opposed to the action of the Planning Commission in denying this rezone, and would like to see the matter referred again to the Planning Commission for further study. After due discussion, Mayor Larson called for the vote on the Motion to pass Resolution No. D -1111 affirming the action of the Planning Commission to deny said rezone and it carried, Brown, Lambert, Lynch, McNeice and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Larson asked to be recorded as not voting on this matter. RESOLUTION NO. D- 1111, A RESOLUTION affirming the action of the Planning Commission in denying the application of Leo Gefroh and others to rezone property at 1411 - 1415 West Yakima Avenue, in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -1, Modified Business Zone. This being the time fixed for the Hearing on Petition No. 543, filed by Floyd Wills, requesting rezone of property located southwest of the intersection of N. 16th Avenue and Fruitvale Boulevard, it was MOVED by Robinson, seconded by Lynch that Ordinance No. 949 accepting the recommendation of the Planning Commission and rezoning said property, be passed as read. Acting City Manager Friedline explained that this rezone request is for just enough to add on to the restaurant, and is contiguous to the B -3 zoning he already has. Mrs. Bruner, $15 N. 16th Avenue, stated that they had previously approved zoning for a parking lot, but is against this rezone because she is afraid it might mean that Mr. Wills will enlarge for dancing, which would make it too noisy for the neighborhood. She further stated that she feels the real problem will be the parking. Mr. Wills stated that he has no plans to allow dancing in his establishment. Planning DirectorRudi Gast explained that Mr. Wills would not have needed to have his property rezoned for just a parking lot, that the present R-3 allows a parking lot, but to extend the restaurant some 20 feet, he would have to have that part rezoned, so he requested the entire property rezoned. Mr. Gast further explained that the Planning Commission was apprehensive about rezoning of the entire lot because other types of business could be put in, and although they don't like to split the zoning in a single property, they did so in this case and zoned only half of the property, so that Mr. Wills could add on to his restaurant. The rest of the lot is still R -3, which will allow for a parking lot. Mrs. Bryant, $17 N. 16th Avenue, stated that there is a lot of noise around this establishment at about 2:00 A.M., and Mr. Wills stated that he would try to remedy this. Council members indicated . that they felt that Mr. Wills will use this proposed zoning for adding onto the restaurant only as he has stated. After due discussion, Mayor Larson called for the roll call vote on the Motion to pass Ordinance No. 949 as read and it carried: Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 949, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located southwest of the intersection of North 16th Avenue and Fruitvale Boulevard, in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -3, General Business Zone. MOVED by Lambert, seconded by Robinson that Resolution No. D -1112 authorizing the execution of an Automobile Rental Business Agreement and License at the Yakima Municipal Airport with National Car Rental System, Inc., be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Acting City Manager Friedline stated that this Lease Agreement is the same as the other Rental Agencies at the Airport have signed with the City. . RESOLUTION NO. D -1112, A RESOLUTION authorizing the Acting City Manager and City Clerk to execute an Automobile Rental Business Agreement and License with National Car Rental System, Inc. The City Engineer reporting the completion of L.I.D. No. 950, Fairbrook Addition and Other Sewers, it was MOVED by Lynch, seconded by McNeice that September 18, 1967, be fixed as the time of Hearing on the Assessment Roll for this district and that the City Clerk give due notice of publication and to each property owner as provided by law: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Bids were received and considered by a Bid Board on this date for the Sanitary Sewer Seal- ing Project - 1967; as follows: Penetryn, Murray, Utah S 26,219.05 • Gelco, Salem, Ore. 35,305.33 The City Engineer reporting that Penetryn, having submitted the low bid, and recommending that they be awarded the contract, it was MOVED by Robinson, seconded by Brown that said recommendation be accepted and the bid be awarded to Penetryn, Murray, Utah, in the amount of S26,219.05, and that the City Manager be and is hereby authorized to enter into a con- tract with said contractor upon the filing of the proper bond and insurance: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Public Works Director John Mayo explained that the City has many miles of sewer pipes that : are .leaking ' through; - and; that_ many years ago, it was decided that about S20,000 to 825,000 a year would be spent on a systematic patching of our sewer system. He further stated that we either have to increase the sewage treatment facilities or stop some leakage into the system. Mr. Mayo stated that we have hired different contractors and have tried other systems that don't use TV cameras and after finding that this was not doing the job, cut the contractor off, and we can do the same with this one, if we find - the job is not being done. He stated that in recommending that the bid of this contractor be accepted, the engineering department feels that they have the latest and best technique, and they can be cut off at any time, and they have had good results in California. Mr. Mayo also stated that the cost will be paid on an hourly basis for the actual time the contractor's TV equipment is used and the time used for sealing leaks. 320 AUGUST 21, 1967 In accordance with action at the last Council meeting on August 14, 1967, Acting City Manager Friedline reported that the City Attorney and Staff have investigated the matter of allowing Myrlin Ackerman to have a direct line phone at the airport to his place of business in town, and also his rental cstomers.should be allowed to prk his rental cars at the Airport until he if can pick them m up. Mr. Friedline stated that t Airport Manager Jim Eakin has contacted airport managers in various cities regarding these matters, and all stated the same thing, that they would not allow a direct line phone to the airport for a car rental business unless the person requesting the phone held a car rental lease at the Airport, and also that they would not allow the parking of the rental cars. He also referred to the memo from City Attorney Andrews, who feels that it would be directly in conflict with the leases the other companies have signed, and would recommend against it. Councilman Lambert stated that in accordance with the advice given by Acting City Manager Friedline and City Attorney Agndrews, she believes the request for a direct line phone should be denied. After due discussion, it was MOVED by Lambert, seconded by McNeice that the request of Myrlin Ackerman for a direct line phone at the Airport, be denied: carried, Brown, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz voting nay by voice vote. Mayor Larson asked Mr. Ackerman if he wished to be heard and Mr. Ackerman replied that he had nothing to say at this time. Councilman Kurbitz stated that he voted "no" on denying this request, because he is not convinced that this request will be any detriment to the other operators at the Airport and perhaps we haven't explored this thoroughly enough. He further stated that he knows that it has been done in other Airports and since he believes we have probably eliminated Mr. Ackerman from the car rental business at the. Airport, that we should study this a little further to determine a fair rental for this type of service. In the matter of Mr. Myrlin Ackerman's recond request, that of allowing his customers to park his rental cars at the Airport until he is able to pick them up, it was MOVED by Robinson, seconded by Lambert that this request be denied. Mr. Ackerman stated that other airports do allow cars to be parked and he feels that since he has been forced to remove his rental agency from the Airport because the basic fee is too high for him, that he should be allowed to have his customers park his rental cars there until he can pick them up. He further stated that he could let his customers use his private cars and park them at the Airport. City Attorney Andrews stated that the City Council has the authority to regulate business activities at the Airport and that he .can't say that the City has some proposal to meet every scheme, but that the return of rental cars at the Airport to the lessor is a part of conducting the automobile rental business and that if rental automobiles are going to be returned to the airport by others than agencies leasing at the Airport, they would be in violation to the other operators. He further stated that whether the parking of a private car would be a violation of the Ordinance if it happened once, or so often that it would constitute a part of his regular business procedure, each instance would have to be dealt with as it comes, from a legal standpoint. Councilmen Robinson and Lambert indicated that they felt that in order to be fair to the Automobile Rental Agencies with contracts at the Airport, we should not allow . others to return rental cars that do not have a contract with the City. After due dis- cussion, Mayor Larson called for the vote on the Motion to deny Mr. Ackerman permission to park his rental cars at the Airport, and it carried, Brown, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Kurbitz voting nay by voice vote. Councilman Kurbitz stated that he is sorry that this has happened and that he feels that one operator has been forced out of the Airport by the basic fee being too high. He further stated that he. could see nothing wrong in allowing Mr. Ackerman's rental cars to be parked at the Airport. . Acting City Manager Friedline requested that City Attorney Andrews be allowed to travel to Vancouver, B. C., August 30 to September 2, 1967, to attend a Bar Association Conferenc and Conference of Washington State Association of Municipal Attorneys, at an approximate cost of S100. It was MOVED by Lambert, seconded by Lynch that this travel be allowed with expenses paid: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. . 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 10:05 P.M.: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. READ AND CERTIFIED ACCURATE BY ��L, , j G DATE O _ CO IL'; _ / he DATE COUNCILMAN ATTEST: C J T Y • IIP I' • C L E R K • MAYOR • ill ' •