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HomeMy WebLinkAbout01/06/1969 Business Meeting 515 JANUARY 6, 1969 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert and McNeice, Assistant City Manager Friedline and City Attorney. Andrews present on roll call. Councilmen Kurbitz and Robinson absent on roll call. It was MOVED by Keith, seconded by McNeice that Councilman Robinson be-excused from this . meeting: carried, Brown, Keith, Lambert, Larson and McNeice voting aye by voice vote. The Invocation was given by Councilman Brown. The minutes of the regular meeting of December 23, 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 Hearing on the Rezone Application, filed by Harold San- ford, requesting rezone of property situated at 3510- 3516 High View Drive, it was MOVED by Lambert, seconded by Brown that Ordinance No. 1093 accepting the recommendation of the Planning Commission and rezoning said property, be passed as read: carried, Brown, Keith, Lambert, Larson and McNeice voting aye on roll call.. Kurbitz and Robinson absent. Bruce Finke, Director of Planning and Community Development, explained that by granting this rezone, one additional lot will be added to Mr. Sanford's property which will square up the whole project that he is building. ORDINANCE NO. 1093, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property situated at 3510 - 3516 High View Drive, in the City of Yakima, Washington, from R -2, Two Family Zone, to R -3, Multiple Zone. . This being the time fixed for the Hearing on the Appeal from the Planning Commission's decision to deny the application filed by Alvena C. Schlotfeldt, requesting rezone of property situated at 111 N. Naches Avenue, it was MOVED by Lambert, seconded by Keith that Resolution No. D -1286 affirming the Planning Commission's action in denying said Rezone Application, be passed as read. Bruce Finke, Director of Planning and Community Development, referred to the fact that the City Council had continued the Harry Whitehead Rezone Hearing until this date, and had asked the Planning Commission to consider all three applications at . the same time, including the William Greenwood Hearing which follows this one, which they did on December 3, 1968, and recommended denial of all three. He explained that the existing use is residential and institutional with the one exception of Paul LaChance, who has his business in his home. Mr. Finke stated that the CBD Plan indicates that it should be this way as one of the purposes of the CBD Plan is to main- tain a fairly even core area. He further explained that the Planning Commission believes that Naches Avenue is a natural buffer between commercial and non - commercial uses and feels that the rezone of the three properties would constitute a spot zone and would be granting a special privilege to these three properties. Mr. Finke explained that the CBD Plan is a detailed plan which was developed by experts in the field of economics, traffic engineering and design and that the Planning Commission feels that the integrity of the CBD Plan should be preserved and that these three requests should be denied. Those present and speaking in favor of all three rezones being granted were Dorothy St. John, representing Mr. William Greenwood, Miss Alvena Schlotfeldt, Paul LaChance and Mr. Harry Whitehead. Mr. Whitehead explained in detail why he and the other two applicants, feel the rezones should be granted. He explained that he had been unable to purchase several other properties and when the opportunity arose to purchase the property at 107 N. Naches Avenue, he did so believing he would be able to get it rezoned without any trouble. Mr. Whitehead further explained that he insists on being centered in the City of Yakima be- cause he needs to be centrally located where people can easily reach his place of business from other cities as well as all of Yakima, as he operates a specialty business of writing sub - standard insurance policies. He stated that he has letters from people in the immediate neighborhood, which have been filed with the City Clerk, urging the City Council to vote in favor of these applications and rezoning the property as they all believe the proposed business will improve the neighborhood. Mr. Whitehead indicated that he believes his plan compliments the City's CBD Plan . and feels that there is no reason why several uses cannot be in one areaas long as they are compatible and the traffic pattern is not affected. He presented a chart showing the objectives of zoning and stating his version of whether the Planning Commission is in favor of these objectives and what he believes the zoning objectives should be. Mr. Whitehead stated that he strongly urges that the three applications be referred back to the Planning Commission for further consideration. Councilman Lambert indicated that she feels that rezoning these three properties would be a spot zone. She stated that in preparing the CBD Plan there had been lots of discussion and many changes were made before it was completed, and there may be changes made in the future, but until something drastic'takes place, perhaps it will be the Mall or the over- passes, she doesn't feel that this is quite the time to rezone this area until the whole block can be done. Councilman Keith indicated that he doesn't feel that the CBD Plan is sacred and cannot be changed, and that there will be changes coming about in the next few - - years, but feels that until the Mall and the crossings are further along, all the facts are not available. He indicated that he feels at the present time it should be kept as it is until more information is available on future plans. After due discussion, Mayor Larson called for the vote to pass Resolution No. D -1286 affirming the Planning Commis- , sign's action in denying the Rezone Application of Alvena C. Schlotfeldt and it carried: Brown,. Keith, Lambert and McNeice voting aye on roll call. Larson voting nay on roll call. Kurbitz and Robinson absent. In voting nay on roll call, Mayor Larson explained he doesn't think the decisions of the Planning Commission are sacred and feels eventually that there is going to be some business in that area. RESOLUTION NO. D -1286, A RESOLUTION affirming the action of the Planning Commission in denying the application of Alvena. C. Schlotfeldt for the rezone of property situated at 111 North Naches Avenue in the City of Yakima, Washington, from R -3, Multiple Family Zone, to B -1, Modified Business Zone. 516 • • • • JANUARY 6, 1969 • This being the time. fixed for the Hearing on the Appeal from the Planning Commission's decision. to deny the application filed by William Greenwood, requesting rezone of property situated at 105 N. Naches Avenue, it was MOVED by Brown, seconded by Lambert that Resolu- tion No. D -1287 affirming the Planning Commission's action in denying said Rezone Applica- tion, be passed as read: carried, Brown, Keith, Lambert and McNeice voting aye on roll call. Larson voting nay on roll call. Kurbitz and Robinson absent. (The discussion that • • took place_in the previous Hearing on the Alvena C. Schlotfeldt Rezone Application, in- cluded the property of William Greenwood, as well as the property Of Harry L. Whitehead in the Application Hearing following this.) • • RESOLUTION NO. D -1287, A RESOLUTION affirming the action of the Planning Commission in denying the application of William Greenwood for the rezone of property situated at 105 North Naches 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 the Appeal. from the Planning Commission's • decision to deny the application. filed by Harry L. Whitehead, requesting rezone of propert • -. situated at 107 N. Naches Avenue, it was MOVED by. Keith, seconded by McNeice that tion No. D -1288 affirming the Planning Commission's action in denying said Rezone Applica- tion, be passed as read: carried, Brown, Keith, Lambert and ,McNeice voting aye on roll call. Larson voting nay on roll call. Kurbitz and Robinson absent. . • . RESOLUTION NO. D -1288, A RESOLUTION affirming the action of the Planning. Commission in denying the application of Harry L. Whitehead for the rezone of property situated at 107 • • , North Naches 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 the Assessment Roll for L.I.D. No. 960, North • 58th Avenue & Others Paving District,.it was MOVED by Brown, seconded by Keith. that_ an Ordinance confirming said Assessment Roll and every part thereof, be passed as read. A protest having been received from Mr. Jack King, property owner in said District, Public • Works Director John Mayo stated that this is a unique situation in that .it would seem that:Mr. King's property Would-in way benefit from this improvement. He also explained . that the protest from Mr. King had been received late Friday which did not give them a• • , chance to investigate the ma.tter.and that he would like to suggest that this matter be continued for one week -in order to study the situation and prepare a recommendation to be brought before the Council at that time.- Mr. Mayo stated. that if the assessment charge is reduced or removed completely, from this roll, then the funds have to be made up in some other.way, either._from some other monies or added to the charges of all.the others on the roll and it will need some study to determine this. After due discussion, it was MOVED by Keith, seconded by Lambert that said'Hearing be continued for one week or until January 13, 1969: carried, Brown, Keith, Lambert, Larson and McNeice voting aye by voice vote. Kurbitz and Robinson absent. • This being, the time. fixed for the Hearing on the Planning Commission.''s Resolution of • • Intention recommending a change in the Yakima. Municipal Code, under Title 12 - ZONING, it was MOVED by Lambert, seconded by McNeice that an Ordinance relating to zoning and amend- ing the Yakima, Municipal Code as to time limitations and filing fees, be passed as read. Bruce Finke, Director of. Planning and Community Development, explained the reasons for •the Planning Commission recommending the changes in the Zoning Code, stating that there are three proposals recommended as follows: • • • Section 12.76.050 and Section 12.80.030 have to do with changing the maximum time from 40 to 90 days, which will allow proposed rezone applications to be heard every other month. The Planning Commission members need to become more involved in long range planning and not spend all their time on the zoning board and feel they should -be able to handle rezone hearings in six monthly meetings instead of twelve; but should there • be need of more meetings, this change in the Code still allows for them, but merely makes it possible to meetings on rezone hearings. , • • • The second proposal, Section 12.76.030 makes it possible to prevent the of the same petition over and over in one year, but would not p an amended.petition'to be submitted. • The third proposal would revise the fee schedule. Mr..Finke.stated that the present fees were established in 1938 and are now somewhat out of line. He reported on rates from other cities and stated that the fees need to be raised to defray a partial cost of the expense of processing.a rezone application,, which averages about $130.00. Mr. Bob Lewis, representing the Yakima. Valley Builders, Was present and stated that some- times .a rezone needs to be considered twice in the same year because of new information a • would hate. to see the kind of a change made where a rezone could be heard only once a year He further stated that he feels the whole zoning ordinance should be revised'and recom mended that this matter be sent back to the Planning Commission. Mr. Cameron, represent- ing Master stated he is opposed to the extension of the time for Hearing of rezones after they are filed and feels that the time, could be shortened.' Councilman Keith stated that he feels the suggested raise of fees is too high and'would like to see . these amended or reconsidered before final passage of the•Ordinance. Councilman Lambert indicated she is in favor of. increasing the rates. Councilman Brown indicated that feels the increase in fees is too much of an increase and would like return the matter back to the Planning Commission for further study. After due discussion, it was MOVED by - Brown, seconded by Keith that this matter be referred back to the Planning Commission for further study and recommendation: carried, Brown, Keith, Lambert, Larson. and McNeice vot- ing aye by voice vote. , Kurbitz and Robinson abs.ent'. • AA 517 JANUARY 6, 1969 It was MOVED by Brown, seconded by Keith that Ordinance No. 1094 regarding the retained percentage of payments to contractors, be passed as read: carried, Brown, Keith, Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. Assistant City Manager Friedline explained that this Ordinance changes the amount of the retained per- centage from 15% to 10/ on the first $200,000, which agrees with State Law and also agrees with our present contract documents. ORDINANCE NO. 1094, AN ORDINANCE relating to public improvements; providing for the reten- tion by the City of a percentage of payments to contractors; and amending Section 1.78.010 of the City of Yakima Municipal Code. It was MOVED by Lambert, seconded by McNeice that Ordinance No. 1095 fixing, the time of delinquency and providing for the issuance of bonds for the payment of the unpaid portion of L.I.D. No. 964, Dillon Addition & Others Domestic Water District, be passed as read:.. carried, Brown, Keith, Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. ORDINANCE NO. 1095, 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. 964, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Assistant City Manager Friedline explaining that it is necessary to purchase material for repair of traffic signals and that this material is available from one source only, it was MOVED by Brown, seconded by Keith that Resolution No. D -1289 authorizing the purchase of said material without calling for bids, be passed as read: carried, Brown, Keith, .. Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -1289, A RESOLUTION authorizing the purchase of material without calling for bids. Assistant City Manager Friedline explained that in installing a 16 inch water main along Washington Avenue across Northern Pacific Railway right -of -way in accordance with a right - of -way crossing agreement, Permit No. 97327, a change in location of crossing is required, After due discussion, it was MOVED by Keith, seconded by McNeice that Resolution No. D -1290 authorizing the execution of a supplemental agreement with the Northern Pacific Railway, be passed as read: carried, Brown, Keith, . Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. . RESOLUTION NO. D -1290, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute a supplemental right -of -way crossing agreement with Northern Pacific Railway Company. Assistant City Manager Friedline referring to a Memo from the City Attorney's Office re- garding a Damage Claim filed by Henry J. Slaviri for damages in the amount of $20.33 re- sulting from a sewer backup,and recommending payment of said claim, it was MOVED by Brown, seconded by Keith that Resolution No. D -1291 authorizing payment of said damage claim, be passed as read: carried, Brown, Keith, Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -1291, A RESOLUTION authorizing payment of a Claim for Damages filed against the City of Yakima by Henry J. Slavin. Assistant City Manager Friedline stated that the Police Department presently maintains a firearms training range at the Yakima Firing Center by .virtue of a license granted by the Department of the Army and that this license expires January 31, 1969. He further ex- plained that the Department of the Army has offered to renew said license to terminate on January 31, 1974. After due discussion, it was'MOVED by McNeice, seconded by Keith that Resolution No. D -1292 authorizing the Chief of Police to accept the Grant of license from the Department of the Army to maintain a firearms training range at the Yakima Firing Center, be passed as read: carried, Brown, Keith, Lambert, Larson and McNeice voting aye on roll call. Kurbitz and Robinson absent. RESOLUTION NO. D -1292, A RESOLUTION authorizing the Chief of the Police Department of the City of Yakima to accept the grant of a license from the Department of the Army to main- tain a firearms training range at the Yakima Firing Center. . Assistant City Manager Friedline referred to City Manager Report #37 regarding Joint City- County purchasing in which it was explained that this matter had been under discussion for some time and that the City Attorney and a Deputy County Prosecuting Attorney are working together to review exact language to be used in the call for bids on such joint quantity bids of common items used by the City and County. He further indicated that unless lir Council members feel such a procedure is inappropriate, the program will be proceeded with administratively. Since there were no objections to Joint City- County Purchasing, no I/ formal action was taken in this matter. Assistant City Manager Friedline referring to the Report of the City Engineer of =ina1 payment for work performed during the month of December, 1968, on Washington Avenue Relo- cation, Grading and Fencing, Schedule II, and recommending . that the work be accepted and payment be made in the amount of $1,374.49, it was MOVED by Keith, seconded by Brown that . the report of the City Engineer dated January 2, 1969, . with respect to the completion of the work on Public Works Contract, Washington Avenue Relocation, Grading & Fencing, Schedule II, be approved, the work be and payment of the final estimate as there- in set forth is hereby authorized: carried, Brown, Keith, Lambert, Larson and McNeice voting aye by voice vote. Kurbitz and Robinson. absent. . . 518 • • JANUARY 6, 1960, • • Assistant City Manager Friedline reported that bids were received and considered by a bid board on December 27, 1968, on L.I.D. No. 974; .King' Street Addition and Other Sanitary • Sewers, as follows: DeBlasio Construction Co. $ 14,924.17 Bill's Septic Service 19,109.50 The City Engineer recommending that DeBlasio Construction:Company, having submitted the low bid, be awarded the contract, it was MOVED by Lambert, seconded by McNeice that the recommendation of the City Engineer be accepted and that the bid be awarded to DeBlasio Construction Company in the amount of $14,924.17, and that the City Manager be and is hereby authorized to enter into a contract with said contractor upon the filing of the proper bond and .insurance: carried, Brown, Keith, Lambert, Larson and McNeice voting aye by voice vote. Kurbitz and Robinson absent. . • Assistant City Manager Friedline brought up the matter of the Council authorizing the closure of South 27th Avenue, between Tieton Drive and Arlington, for sledding purposes at the Council meeting of December 23, 1968• stating that one of the signers of the petition' requesting this closure, which was filed with the Council and City Clerk on that date, Mrs. W. Hattrick, 615 S. 27th Avenue, had called in to report that she has fallen a couple times and the mailman has fallen and she asked.that something be done to the street to prevent this from happening again. After due discussion, in'which Assistant City Manager Friedline recommended that the barricades be removed and the street graded and sanded, it was MOVED by Keith, seconded by. Lambert that the barricades be removed and the street be graded -and sanded: carried,. Keith, Lambert, Larson and McNeice aye by voice vote. Brown not voting. Kurbitz and Robinson absent. . • 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 5:25 P.M.: carried, Brown, Keith,\ Lambert, Larson and McNeice voting aye by voice vote. . Kurbitz and Robinson absent. READ AND CERTIFIED'ACCURATE BY 4�� date / 3 6 • COUNCILMAN Jam, � date / COUN MAN ATTEST: • C I T Y 'Ailk C L E R K M A Y O R de • • • • • • • • • • • • • • • • • • • • • • • • • • • A