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HomeMy WebLinkAbout08/26/1968 Business Meeting r 1037 AUGUST 26, 1968 The City Council met in regular session, Assistant Mayor Robinson. presiding, Council- men Brown, Keith, Lambert and McNeice, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Kurbitz and Mayor Larson absent on roll call. Councilman Kurbitz was excused at the regular meeting on August 19, 1968, and Mayor Larson still excused because of an automobile accident. The Invocation was given by Councilman Brown. The minutes of the regular meeting of August 19, 1968, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Assistant Mayor Robinson declared said minutes approved as recorded. This being the time fixed for a Hearing on Resolution No. D -1238, a resolution of in- tention to improve property by the paving of an alley between 12th and 13th Avenues, Walnut to Spruce, in accordance with Petition No. 566, and there being several pro- tests in writing, it was MOVED by Brown, seconded by Lambert, that Ordinance No. 1058 creating L.I.D. No. 970, Alley Paving, Loma Vista and Highland Addition, be passed as read. City Engineer Fritz Jaeger stating that the protests in writing amount to approximately 11 %, and there being no one present objecting to said improvement, Assistant Mayor Robinson called for the roll call vote on the Motion to pass Ordin- ance No. 1058 creating said District and it carried, Brown, Keith, Lambert, McNeice and Robinson voting aye on roll call. Kurbitz and Larson absent. ORDINANCE NO. 1058, AN ORDINANCE providing for the improvement of certain property by grading, ballasting, and .surfacing with asphaltic concrete, together with neces- sary drainage features; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. . This being the time fixed for a Hearing on Resolution No. D -1239, a resolution of intention to improve property by the construction of curbs, gutters and surfacing • of various streets in accordance with Petitions No. 599, 600, 603, 604, 606, 607, 609, 610 and 614, and there being some protests in writing and otherwise, it was MOVED by Brown, seconded by McNeice, that Ordinance No. 1059 creating L.I.D. No. 971, Richey Road and Others Paving District, be passed as read. City Engineer, Fritz Jaeger, reported the approximate percentage of protests filed to date in the Various districts of this proposed L.I.D., and indicated the district had over 15% of the assessed valuation protesting at this time. Assistant Mayor Robinson explained that it takes 60% protest to delete a street or portion of an L.I.D., but it has been Council practice to allow a portion of an improvement to be pro - tested out if a majority or over 50% of the assessed valuation protests an improve- ment. He then called for those present who wished to speak on this matter. Mr. William 0. Wright, 5605 Richey Road, asked for an explanation of the manner in which the cost of an assessment is figured, stating that his lot is the same size as the corner lot next to him and he is being charged a greater amount. City Engineer, Fritz Jaeger, explained that the corner lot had been included in the improvement on 56th Avenue and the cost of a second improvement is figured so the property is not assessed as much. •Mr. Wright protested this manner of figuring his assessment.. Mr. Carl Bruno, 1217 South 44th Avenue, being present, asked questions about the width of the proposed roadway, and also asked for a breakdown of the costs of the County and City portions of the road fronting his property. He further inquired about the irrigation line that is presently in the street, and asked if this line has to be replaced, is this cost figured in the cost of the improvement. Several other property owners in this vicinity were present and asked questions pertaining to the irrigation system, stating that they are on other irrigation..systems. Mr. Forrest Powell, whose property does not touch on this improvement, but is being assessed, was present to find out why. City Engineer, Fritz Jaeger, explained to Mr. Powell the manner in which property is assessed. He explained to Mr. Bruno that the City does provide curb cuts for future lots and he should check with the Engineer's Office to get this planned out before the con - struction.starts. •Mr. Jaeger reported that in answer to questions about the width of the road, there are still some rights of way to be obtained before it is known what the exact width will be, and this will also have an effect on whether the irrigation line will have to be replaced and he stated that all these matters should be cleared up within a couple of weeks and they will then be able to get the answers to their questions by contacting the City Engineers' Office. After due discussion, Assistant Mayor Robinson called for the roll call vote on the Motion to create L.I.D. No. 971, Richey Road and Others Paving District, and it carried: Brown, Keith, Lambert, McNeice and Robinson voting aye on roll call. Kurbitz and Larson . absent. ORDINANCE NO. 1059, AN ORDINANCE providing for the improvement of certain property . by grading, ballasting, surfacing with asphaltic concrete and construction con- crete curbs and gutters, together with necessary drainage features; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. This being the time fixed for the Hearing on Rezone Application, filed by Mr. and • Mrs. T. J. Williams, requesting rezone of property situated at 1607 West Nob Hill Boulevard, Mr. Loidhamer, Acting Planning Director, explained that the applicant has requested a rezone of this vacant lot for a proposed beauty shop, stating that at the present time it is zoned for. family residence. He further indicated that the present zoning is in conformance with the general plan which designates this immediate area as medium density residential with Nob Hill Boulevard as a major east west arterial. Mr. Loidhamer reported that both 16th Avenue and Nob Hill Boulevard are being developed as major arterials, and that traffic conges- tion in this area is a problem because of the college and the businesses.on the south side of the street, and additional business zoning on the north side of N_ob Hill Boulevard would not help the situation. He further stated that the Planning Staff recommended the rezone be denied, but at the Planning Commission meeting the Planning Commission members felt this parcel of land was odd - shaped and not applicable to residential type property and recommended that this rezone re- quest be granted. After some discussion, it was MOVED by McNeice, seconded by 1 • • • • fi . : ; 4 n ( - [ AUGUST 26, 1968 ;, Keith, that the ordinance accepting the recommendation of the Planning Commission • and rezoning said property, be passed as read. Mr. Lloyd Hammerstad, realtor, being • • present and representing Mr. and Mrs. Williams, stated that this property has been in weeds for years because the Williams have been unable to get a loan on it to build a home or.duplex, andare requesting the rezone to build a beauty parlor. He •• further stated that this will be a small operation and will not create a traffic. problem as there will probably not be more than four or five cars there at one time, although there will.be enough room for more to be parked. Mrs. Nellie. Lum,.1700 Bonnie Doone; stated that she.is in favor of the rezone as it has been an unsigltl.y piece of property for a number of years and anything would be better than it is at present. Councilman Lambert stated that she is against any further rezone for busi- ness on Nob Hill Boulevard, indicating that although she is.persuaded that this • • particular piece of property is not likely to be used for anything else but a beauty parlor, many times property is rezoned, then sold and used for something else other than what was originally planned. She further feels that we.cannot look at indi- vidual lots and zone accordingly. Councilman Keith indicated that he agrees with those Council members who are against rezoning on Nob Hill Boulevard, but in this • particular case feels that this property cannot be 'used for anything else and • • that it would be better to have something there than the weed patch. After due disco ssion, Assistant Mayor Robinson called for the roll call vote on the Motion to • • pass the Ordinance'accepting the recommendation of the Planning Commission and re- zoning_said property, and it failed for want of a majority vote:- Keith voting aye on roll call. Brown, Lambert, McNeice and Robinson voting nay on'roll.call. Kurbitz • and Larson absent. . • The formal Motion prepared by the City Attorney, disapproving the recommendation of the Planning Commission to rezone certain property situated at 1607 West Nob Hill Boulevard and referring this matter back to the'Planning Commission, was read and it was MOVED by Brown, seconded by Lambert, that said Motion be passed as read: carried,•Brown, Lambert, McNeice and Robinson voting aye on roll call. Keith voting nay on roll call. Kurbitz and Larson absent. MOTION, A MOTION disapproving the recommendation of the Planning Commission that certan property situated at 1607 West Nob Hill Boulevard, in the City of Yakima, Washington, be rezoned from R -2, Two Family Zone, to B -2, Local Business Zone. This being the time fixed for the Hearing on Rezone Application, filed by Wallace . • • R. Klingele, requesting rezone ofproperty situated. at' 2906 West Nob Hill Boulevard, Acting Planning Director Ed Loidhamer reviewing that matter, stating that .a similar request was made in September, 1967, which was denied., and that. the same land use and zoning conditions exist now as then. He further stated that this requested rezone is 1 not in conformance with the general plan because of Nob Hill being developed as a .,major arterial and that the• Staff had again recommended the rezone be de- nied. • Mr. Loidhamer indicated that at thaPlanning Commission meeting, the Planning Commission members indicated they felt that since this gentleman was operating this 111 business before he was annexed, it should be allowed- to continue and recommended- . • that. this rezone be granted. Assistant Mayor Robinson'then read an Ordinance accept- • ing the recommendation of the Planning Commission and rezoning of said property, - and there being no Motion to pass said Ordinance,,' the formal motion prepared by the 'City Attorney, disapproving the recommendation.of the Planning Commission to rezone certain property situated at 2609 West Nob Hill Boulevard,' and referring this matter • to the Planning Commission was read, and it was MOVED by.Lambert, seconded by Brown, that said Motion be passed as read. Mr. Wallace Klingele, being present, stated that when his property was annexed, he had requested that it be zoned B -2, because • he was in this same type of business at that time, but it had been zoned R -2, Two Family.Z and his business listed as non-conforming, He explained that his business is a small, family, seasonal business, that of servicing and selling of Snow - mobiles, and does not create any traffic problems, and cannot understand why the Council is against granting this rezone. Council members indicated that they are against any further rezone for businesses on Nob Hill Boulevard because it is being developed as a major arterial, and any business zoning creates traffic con - gestion; that. although his particular business may not create.traffic problems, it • might later be sold and some other business might be put there that would create. . traffic problems. They also indicated that since the same conditions exist now.as • when the previous rezone request was made, that there is no reason to change their • decision to recommend denial.of this rezone application. After due discussion, Assistant Mayor'Rob inson called for the roll call vote on the motion to pass the ' MOTION disapproving'the recommendation of the Planning Commission to rezone said • • property, and it carried: Brown, Keith, Lambert, McNeice and Robinson voting aye on roll call. Kurbitz and Larson absent. . MOTION, A MOTION disapproving the recommendation of the Planning Commission that certain property situated at 2906 West Nob Hill Boulevard, in the City of Yakima, Washington, be rezoned from R -2, Two Family Zone, to B-2, Local Business Zone. City Manager McMicken reported that in accordance with action taken by the City Council on August 19, 1968, A Resolution requesting the City . of Yakima to be included as part of a proposed Mosquito Control District, has been prepared for consideration by the Council. He further stated that Mr. Walter G. Meyer, Jr.,• Attorney representing Mrs. Rachael Corbin and a group of citizens living both inside and outside the City limits, desiring to form a Mosquito Control District, Dr. Leland Harris, Health Officer, Mr. Sterling Throssel, Sanitarian, and others are present to discuss this matter. Dr. Harris stated that the Health Department has been quite concerned about the mosquito problem for a • number of years, being especially concerned. about the transmission by mosquitoes, of • disease, namely encephalitis, .(sleeping sickness), to animals and humans. He gave some history of the problem in previous years and indicated that the control or abatement of mosquitoes is a big job, and feels that anything that can be done to. prevent disease should be done. Mr. Throssel explained some of the details of forming a Mosquito Con - trol District, stating that it is a matter of petitions being circulated and getting the matter on the ballot. He further stated that there is a lot of planning to be done, • • .5 3.. 469 1 AU GUST 26, 1968 . ; purchasing of equipment, hiring of staff, and the long range plan is to eliminate the breeding areas of mosquitoes, but at first spraying to get the adult mosquito; will be done. Mr. Meyer stated that in addition to the statements of,Dr. Harris and Mr. Throssel, he urges the City Council to adopt the proposed Resolution. requesting the City of Yakima' to be included as part of a proposed mosquito control district, so that petitions may be circulated within the City limits. Mrs. Rachael Corbin, being present, spoke'in favor of the proposed mosquito control district being formed. Councilman Lambert indicated that she feels that this matter is of concern around the whole county and is in favor of going ahead. She commended Mrs. Corbin for her interest and work on this matter. After" due discussion, it was MOVED by Keith, seconded by.Brown.that Resolution No. D -1245 requesting the City of Yakima to be included as part of a proposed mosquito control district, be passed as read: carried, Brown, Keith, Lambert, McNeice and voting aye on roll' call. Kurbitz and Larson absent. RESOLUTION NO. D -1245, A RESOLUTION requesting the City of Yakima to be. included as part of a proposed mosquito control district. Petition No. 621, having been filed with the City Clerk on August 19, 1968, by Harold R. Sanford, requesting.Vacation of Easements between Lots 7 and 8, High View Courts Addition, and Petition No. 622, having . been filedfby Mr and Mrs. Frank Sanders and Others; request- ing improvement of property by the construction of water mains in the vicinity of Fruit', vale Boulevard, 34th and 32nd Avenues, it was MOVED by Keith, seconded by McNeice that said Petitions be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye by voice vote. . Kurbitz and Larson absent.**(Petition No. 622, filed with the City Clerk on August 21, 1968.) In accordance with action taken by the Council on August 19, 1968, regarding an install',- • ment contract for City property owners to pay for utility connections, it was; MOVED by Lambert, seconded by Brown that Ordinance No. 1060 relating to public services and utili- ties installment plan, and amending the Yakima Municipal Code, be passed as read: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye on roll call. Kurbitz! and Larson absent. ORDINANCE NO. 1060, AN ORDINANCE relating to public service and utilities; specifying the time of payment of domestic water and domestic sewer connection charges; and amending Section 7.56.040 of the City of Yakima Municipal Code. Also, in accordance with action taken by the Council on August 19, 1968, regarding Utility Connection Agreement - Installment Contract and City Manager Report #29, it was MOVED by Lambert, seconded by Brown that Resolution No. D -1246 approving a form.of contract to pro- vide for installment payments of water or sewer connection charges, be passed, as read: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye on roll calla Kurbitz . Il• and Larson absent. RESOLUTION NO, D -1246, A RESOLUTION approving a form of contract to provide for,install- ment payments of water or sewer connection charges. • City Manager McMicken explained that the Planning Department is requesting authority to create a new position of Associate.Planner, for which there is a man available, which . will mean. amending. the Yakima Municipal Code. He further explained that there are funds in this year's. Budget available as the Planning Department has some •vacancies, but this change is necessary to set up the proper salary for this position. After due discussion, it was MOVED by McNeice, seconded by Lambert that Ordinance No. 1061 relating to person- nel Classification Plan and Salary Range and amending the Yakima Municipal Code, be passed as read: carried,. Brown, Keith Lambert, McNeice and Robinson voting aye on roll call. , Kurbitz and Larson absent. ORDINANCE NO. 1061, AN ORDINANCE relating to personnel; specifying a classification plan and salary range for professional and related technical personnel; and amending Subsection 2.20.100(c) of the City of Yakima Municipal Code. In accordance with action taken on August 19, 1968,by the City Council, City,Manager McMicken referred to his Report #30, the proposed Outside Utility Agreement - Proposed, . Revision; and the Resolution that has been prepared, adopting a statement of; policy re' garding the extension of City water and sewer services outside the City Limits of the City of Yakima. Due to the length of this meeting and there still being other matters to come before the Council, it was MOVED by Keith, seconded by McNeice that the matter. of the proposed Outside,Utility Agreement - proposed••Revision,be continued one week or until September 3, 1968: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye . by voice vote. Kurbitz and Larson absent. City Manager McMicken referred to . a Memo from the City Attorney's Office.regarding the Damage Claim filed by Wendell Davis, 1115 South llth Avenue, in the amount of $126.40 for damages, caused by a sewer backup, and recommending payment of this claim. After due discussion, it was MOVED by Brown, seconded by McNeice that Resolution No. D -1247 author- izing payment of $126.40 to Wendell Davis, be passed as read:. carried, Brown, Keith, Lam- bert, McNeice and Robinson voting aye on roll call,. Kurbitz and.Larson absent. - RESOLUTION NO. D -1247, A RESOLUTION authorizing payment of a Claim for Damages filed against the City of Yakima by Wendell Davis. L .. ..' '' • 4'10 • r . • ' r AUGUST 26;.1968 . City Manager McMicken explained that previously the State Highway Department had been authorized $4500 in connection with testing materials in connection with the Yakima • • ' Municipal Airport Improvements and the cost of these services amounts. to $6,469, an over run of $1,969.35. He further explained that in order to authorize payment_ to the State • Highway Department, there must be an amendment to Agreement GC-2138. discussion, it was MOVFr) by Keith, seconded by McNeice that Resolution No. D-1248 authorizing the execu- tion of Supplement No. '2 to.Agreement GC -2138, be passed as read: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye on roll call. Kurbitz and Larson absent. RESOLUTION NO. D -1248, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a "Supplement. No. 2 to Agreement GC- 2138" with the State of Washington, Department of Highways, for services in connection with Yakima Municipal Airport improvements. . City Manager requesting authorization for Personnel Director, Martin Friedline, • to attend the New Careers Conference in San Francisco, California, at the invitation of the Association of Washington Cities, at no expense to the City,_and for Fire Chief Jules Shockley to attend the. International Fire Administration Seminar in Louisville, Kentucky the latter part of September, 1968, at an'estimated cost of $450.00, it was MOVED by • Lambert, seconded by McNeice that authorization be given for said travel with expenses paid: carried, Brown, Keith, Lambert, McNeice and Robinson voting aye'by voice vote. Kur- bitz•and Larson absent. •City Manager McMicken reported that he will be participating with some members of City Council and..Staff_in a Telecast regarding City Hall matters, on Tuesday, September 3, 1968, at 10:30 P.M. • • .There being no further business to come before the Council, it was MOVED by McNeice, • seconded by Keith that we do now adjourn at the hour of 6:10s P.M.: carried,'Brown, Keith, Lambert, McNeice and Robinson voting aye by voice vote. Kurbitz and Larson absent. • • •READ AND CERTIFIED ACCURATE BY / L ✓ ( (/ DATE ;,/-3 . COUNCILMAN ' / • DATE 3 6V 0 • COUNCILMAN • • ATTEST: • • • ; • • • CITY CLERK " ti. Y PRO TE • • • • • • • • • • • • • • • • • • • • • • • • • • •