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Home My WebLink About02/26/1968 Business Meeting 394 • .FEBRUARY 26, 1968 The Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Kurbitz, Lambert, McNeice, and Robinson, City Manager McMicken, and City Attorney.Andrews present on roll call. • • The Invocation was given by Councilman Keith. The minutes of.the regular meeting of February 19, 1968, 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 fixed for the continuation of the Hearing on Petition Nos. 548, 549, and 550, filed by the Yakima Mall - Shopping Center Corp. -and Others, requesting vacation of • a portion of 4th Street and adjacent T alleys, it was MOVED by, Brown, seconded by Lambert, • • that said Hearing be continued to March 11, 1968: carried, Brown, Keith, Kurbitz, Lambert, McNeice, Larson, and Robinson. voting aye by voice vote. This being the time fixed for the Hearing on the Appeal from the Planning Commission's • decision on Petition No. 572, .filed by Lester & Syble Beaver, et al., requesting rezone of property situated at Glen Drive, south of Summitview and Nagles Nob Hill Half Acre • Tracts, Acting Planning Director Ed Loidhamer reported that the matter of said rezone request was reconsidered by the Planning Commission at their February 6, 1968, meeting at which time they heard from.some of the residents who objected to this rezone, and after • due consideration again recommended against this rezone request, this time voting six to three against it. . Mr. Howard. - Hettinger, attorney representing Mr. and Mrs.. Beaver, stated that they would not be bothering the Council with this matter a second time if they did not believe that this area needs to be improved. He further stated that the lots are 200 • feet deep and many of the residences that are there now are not modern, and they feel, that it is inconceivable that this area will ever be used for single family residences. He referred to the. plans of the Beavers for building a two story 32 unit apartment house, and explained that they have allowed plenty of parking spaces, so *there will be no traffic _problems He :further suggested that the Council consider rezoning just enough of the area to .permit the Beavers to .build this apartment house, instead of the area previously requested. Council members indicated that they have considered the matter of rezoning a . smaller area, but no decision has been made as yet. After due discussion, it was MOVED by . Brown, seconded by Kurbitz, that the Ordinance rezoning said property be read, using a legal description of a smaller area than originally requested: carried, Brown, Keith, Kurbitz, Lambert,. Larson, McNeice, and Robinson voting aye -by voice vote. City Attorney Andrews indicated that this may be done, without rehearing the matter.. It was then MOVED by Robinson, seconded by.Lambert, that Ordinance No. 1006 rezoning said property be' passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting • aye on roll call. ORDINANCE NO. .1006, AN ORDINANCE rezoning property situated on Glen Drive between Summit- "' view Avenue and West Chestnut from R-1, One Family Zone, to R -3, Multiple Family Zone, on • the application of Lester 0. Beaver and Syble M. Beaver. This being the time fixed for the Hearing on Petition No. 588, filed by A. J. Lenz, requesting rezone of property situated at 606 S. 36th Avenue, Acting Planning Director • Ed Loidhamer reported that this rezone request is made to allow-the applicant to remodel • his Drive -In Restaurant, which was in business at this location before this property was • annexed,'and the surrounding area zoned for General Business also. He further reported that the Planning Department and Planning Commission recommended that this rezone be approved. After due discussion, it was MOVED•by McNeice, seconded by Keith, that Ordinance. • No.. 1007 accepting the recommendation of the Planning Commission and rezoning said property be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and-Robinson voting aye on roll call. • ORDINANCE NO. 1007, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property situated at 606 S. 36th Avenue,• south of Tieton Drive, in the City of Yakima, Washington, from R -1, One Family Zone, to B -2, Local Business Zone. • This being the time fixed for the Hearing on the proposed Amendment to Title #12 - City Zoning Ordinance, relating to the sale and consumption of alcoholic beverages in certain zones and under certain circumstances, Acting Planning Director Ed Loidhamer reported that this matter was heard at public hearing by the Planning Commission, at which time a recom= mendation to remove the 500 ft. restriction on sale of beer, in a B -3 zone was considered, as well as a second recommendation to allow on the premises consumption of_ alcoholic bever- ages in'a B -2 Zone. He further stated that the Planning Commission recommends amending the • Code to repeal 500 ft. .restriction on sale of beer in B -3 Zone, and recommends denying the matter of permitting on the premises sale of alcoholic beverages in B -2 zones. In answer to questions regarding the matter of the sale of alcoholic beverages and regulations. regarding Taverns being allowed in certain zones, Mr. Loidhamer stated that there are certain State, liquor restrictions, and -any time there is a request for liquor license or opening of a new Tavern, the State Liquor Board asks for a report from the Police Depart- ment and the Mayor and has always. followed the recommendation of the local-departments; Captain Madden of the Yakima City Police Department stated that if the local Police Depart - ment turns down any such request, the State Liquor Board has always done the same. After due discussion, it was.MOVED by Lambert, seconded by McNeice, that Ordinance No. 1008, repealing the 500 foot restriction on sale of beer in B -3 Zone, as recommended by the . • Planning Commission, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson ,• .McNeice, and Robinson voting aye on roll call. ORDINANCE NO. 1008, AN ORDINANCE relating to zoning;.limiting use regulations permitted in, a B -3, General Business Zone; and amending Section 12.36.020 of the City of Yakima Munici- pal Code. • In considering the matter of the proposed Ordinance prepared pursuant to Council Motion made February 12, 1968, permitting limited sale of alcoholic beverages in B -2 Zones, it was MOVED BY Robinson, seconded by Brown, that this matter be referred to the Planning Commission; carried,•Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting aye by voice vote. Councilman Brown explained that this second look that the Planning • Commission is going to take at this matter very carefully eliminates Taverns in B -2 zones. This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 960 -1, North 56th Avenue Paving District, and there being no protests in writing or otherwise, it was MOVED by Lambert, seconded by Brown, that Ordinance No. 1009 confirming said • 395 . FEBRUARY 26, 1968 assessment roll and every part thereof, be passed as read: carried, :rown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting aye on roll call. Publ c Works Director John Mayo explained that there is a difference in the cost of assessm °nt to some proper- ties in this District that seem to be considerably higher than others because of retain- ing walls that were built. Some property owners desired more intrica e retaining walls than the standard cement ones and agreed to pay the extra cost of put ing them in, which makes their assessment charges higher. A ORDINANCE NO. 1009, AN ORDINANCE confirming the assessment roll cover ng Local Improvement II ,� District No. 960 -1 as created_and established by Ordinance No. 846 of the Ordinances of the City of Yakima. An Ordinance transferring money to the Urban Arterial Fund and approp iating said funds for Arterial street construction having been read in its entirety, wa% ordered laid on the table for one week or until the next regular meeting of the City Council on March 4, 1968. Public Works Director John Mayo explained that at the time of the stuaies for the 1968 Budget, it was not understood that it would be required that there be an Urban Arterial Fund and an Arterial Street Fund, and this Ordinance transfers and appropriates funds to take care of this matter for street construction projects for approxi ately the next two years. Ken Groth, representing the Yakima Fire Fighters, being present, askeo if the Council members wished to set a time to meet with the Fire Fighters group regarding the agreement - between the City of Yakima and the Yakima Fire Fighters Association -Local 469, Internation- al Association of Fire Fighers AFL -CIO, that had been filed with them on February 19, 1968. City Manager McMicken indicated that the staff has not had a c ance to study this matter and will do so at the earliest opportunity and present a report to the Council. City Manager McMicken reported that bids were received and considered by a bid board on February 7, 1968, for the purchase of a Street Sweeper. He stated th.t two bids were received at that time, one for $14,116 and the other for $14,279, a d fference of $162.51. Mr. McMicken indicated that the lowest bid is not always the best bid and that after con- siderable study of this matter, the staff feels that the higher bid i•. the best bid because repair parts are about half as expensive and this particular • -treet sweeper meets the required specifications much better than the one with the lowest bid. He further stated that the staff would like to propose now to the Council' that authority be given to buy a special type and kind of sweeper, without calling for bids. After due discussion, it was MOVED by Robinson, seconded by McNeice, that Resolution No. D - 1179 authorizing the purchase of a Mobile Sweeper without calling for bids, be passed as r -ad: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting aye on 'oil call. RESOLUTION NO. D -1179, A RESOLUTION authorizing the purchase of a Mob le Sweeper without calling for bids. . City Manager McMicken referred to his Report #13, regarding Financing of the Municipal II Airport, stating that this report is for information only, and there s no action to be taken on this matter. He further indicated that the Yakima Municipal Airport is a major asset for the community and that West Coast Airlines anticipates some greater freight hauling within the next year. He also reported that we are running t e Airport as far as costs are concerned, on a self - sustaining basis. • City Manager McMicken referred to the Farm Lease Agreement between th City of Yakima and Joe. Wong, which property constitutes a portion of the Yakima Municipa Airport and which lease terminates on February 29, 1968. He stated that Airport Manage Jim Eakin feels this lease is in line with other leases and recommends that said lease be renewed. After due discussion, it was MOVED by Lambert, seconded by Brown, that Reso ution No. D -1180 authorizing the execution of a Farm Lease Renewal Agreement between t e City of Yakima and Joe Wong be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson,- McNeice, and Robinson. voting aye on roll call. RESOLUTION NO. D -1180, A RESOLUTION authorizing and directing the Cit Manager and City Clerk of the City of Yakima to execute a Farm Lease Renewal Agreement between the City of Yakima and Joe Wong. City Manager McMicken referred to a report from the Director of Public Works, John Mayo, regarding a request by Walter Bohen to vacate a public utility easement in Coonse State Addition No. 2, and Mr. Mayo recommending that said vacation be granted, it was MOVED by Robinson, seconded by Lambert, that ResolutionNo,D -1181 vacating said public utility ease- ment, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, La son, McNeice, and Robinson voting aye on roll call. RESOLUTION NO. D- 1181, A RESOLUTION vacating a public utility easemen in Coonse State Addition No. 2 to the City of Yakima. City Manager McMicken reported that extensions to the existing Washin ton Avenue Intercep- tor Sewer have been constructed in the past two years and pointed the out on a map. He indicated that two years ago application for a grant to obtain funds or this project had been made, received and acted., upon, but no funds were received. Mr. McMicken further reported that a new provision has been made known to us whereby we ma file for this money because we had earlier made application, so that the application is v ry similar to the previous one, except that in the previous application the cost of the project was estimated and now we have finished the project and can submit the exact cost, e explained that this is the purpose of the Resolution which is to authorize the submi sion of this applica- tion. :.After due discussion, it was MOVED by Robinson, seconded by Ke th, that Resolution No. D - -1182 authorizing the submission of an application for a FederalfiGrant in connection with the installation of the Washington Avenue Interceptor Sewer Exte sion #1 and Extension #2 be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larso , McNeice ,,.and Robinson voting aye on roll call. RESOLUTION NO. D -1182, A RESOLUTION authorizing and directing the Cit Manager of the City of Yakima to make an application for a federal grant in connection with the installation of the Washington Avenue Interceptor Sewer Extension #1 and Extension #2 h. 396 FEBRUARY 26, 1968 City Manager McMicken reported that there is a need to have additional help with negotia- tions for right$ of way in connection with various projects in the six year Arterial Street program for the City of Yakima. He explained that the City Attorney has been called upon to do things beyond the scope of his office, such as handling the negotiations with property owners in obtaining rights of way and that these matters should be .planned and handled well in advance of the beginning of the work on a project. Mr. McMicken further suggested that these negotiations can be handled by someone in our employ on a fee, and suggested the -firm of Coates Field Services, who can provide one of their rights of way people to make the necessary negotiations at a cost of $1,558 per month. He suggested that this firm be engaged to work on the Washington Avenue right of way negotiations, and if it proves to be ,. a satisfactory arrangement, they can be used on other projects. After due discussion, it was MOVED by Lambert, seconded by Keith, that the City Manager be authorized to engage Coates Field Services as professional negotiator for the acquisition of Washington Avenue right of way: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson Noting aye by voice vote. There being no further business to come before the Council, it was MOVED by Kurbitz, secon- ded by Keith, that we do now adjourn at the hour of 4:40 P.M.: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting aye by voice vote. iv 41,0, 1111 READ AND CERTIFIED ACCURATE BY ♦ 'CO 704,....C DATE Y� / 6 X ' LMAN r A _ DATE k,--� -L- . K / i 6f COUNCILMAN 0 ' ATTEST: �'/ C 4 / "`�� / G %/ CITY CLERK MAYOR • III A