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HomeMy WebLinkAbout03/24/1969 Business Meeting • • 546 • • • MARCH 24, 1969 The City Council. met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, McNeice and Robinson, City Manager McMicken 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, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. . • 'The Invocation was given by Councilman Lambert. . The minutes of the regular meeting of March 17, 1969, 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 request for the proposed Vacation of a • portion of South Sixth Avenue, adjacent to Davis High School, it was MOVED by Brown, seconded by Lambert that an Ordinance providing for said vacation, be passed as read. • City. Manager McMicken'read a letter from Mr. Robert Tolson, 405 S. 7th Avenue stating that he opposed this proposed, Vacation. Mr. Tolson asked if the City would still be res- ponsible for the removal of snow and street repair if vacated, and also asked if the money received in the upcoming school election would be spent for beautification of this property. Mr. McMicken stated that the. School District will be responsible for the upkeep of the property, and that the money from the school election is to be used for educational pur- poses only and to keep the schools running, not for any additional expenses. Director of Planning and Community Development, Bruce Finke, indicated that the Planning Commission had recommended that the Vacation ordinance include the provision had recommended that thc Vacation ordina e include thc prov.icion that the School District.will be responsible'for • removal of trees,. shrubs, etc., if it is necessary to repair irrigation lines, and for the upkeep of the property. Public Utilities Director, Frank Stein'and Mr. Eric Whiteman, President of the New Schanno Ditch Company, both spoke regarding the matter and felt, that the school district should be responsible for the replacement of trees, shrubs and lawns, should it be-necessary to remove them in the maintenance of the water lines and suggested that this be incorporated into the wording of the proposed Ordinance vacating said pro - perty. Mr. Rolla Gould, Assistant Superintendent of Schools, being present, stated that - the School District had assumed they would be responsible for the upkeep of the property . and could see no reason why they would not accept such an agreement, or addition to the proposed Ordinance. Yakima Valley Transportation Company representatives, being. present, indicated that they are not opposed to this proposed vacation,. but that their only con- cern is the maintaining of their trackage and street, and suggested that the street be partially vacated leaving their trackage area alone. Discussion brought out. the fact that although the entire property is vacated, it does not mean that there would be any problems regarding their trackage. After due discussion, it was MOVED by Robinson, seconded by Lambert that this matter be continued for one week or until the City Attorney can prepare the proper legislation to include in the proposed Ordinance providing 'for said ' vacation, matter of the School District being responsible for the upkeep of the. . property and. removal and replacement. of trees, shrubs and lawns, etc., when necessary: . carried; Brown, Keith,.Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. • This being the time fixed. for the Hearing on Petition No. 628, filed by the Yakima Mall Shopping Center, Inc., & Others, requesting an easement over and along a portion of East "A" Street, City Manager McMicken referred to his Report #49, "Proposed Ramp for Mall. • Parking Structure", the report of the Planning Commission which explained that the purpose of the requested easement to construct ramps for ingress and egress to the proposed 1113 space parking.structure built in connection with other Mali improvements, and City Attorney Andrews' Memo'regarding the legal aspects of this request. He further discussed the various phases of his report which summarized reports from City departments regarding this matter. Mr:. McMicken suggested several conditions to the granting of the easement,. ' as .obligations of the Mall Corporation and recommended that the Council grant the easement requested subject to these conditions, and that the Hearing be continued for two weeks for an agreement to be worked out between the Mall corporation and the City stipulating the conditions. He.suggested the following conditions: 1. All improvements or alterations within the easement shall be subject to City approval and all costs shall-be borne by the Mall Corporation. . 2. All utilities -- whether City -owned or under•City franchise - -that must be re- located as the result of improvements within the easement, shall be relocated • at the expense of the Mali Corporation. 3. The Mall Corporation shall be responsible for maintenance and upkeep of all structures within the easement, including street lighting, and provide liability insurance naming the City as an insured party. City Attorney Andrews referred .to his Memo which. recommended -that the following conditions would be desirable: • 1. The purpose'of the easement grant should be specified and limited to II that purpose, namely, a ramp to serve the mall parking structure. The document should provide that in the. event that portion of the street subject to the easement is no longer used for that p urpose, o • • if some other'purpose is ever sought to be made of that portion of the street, then the easement, and any rights granted by it, shall terminate, the status of the title to that street portion shall • revert'to its original status before the easement was granted. • 2. In the event the easement is terminated for any reason, the mall • corporation should pay to the City all expense involved in re- . storing the street to its original condition.. • r 547 • MARCH 24, 1969 3. The mall.corporation should assume the responsibility for the main- tenance and repair of the ramp structure and surfaces (traffic lanes, pedestrian walks, etc.), and assume all liability for any damages ,resulting from the erection•and existence of the_ structure. The Mall corporation should be required to maintain a policy of compre- hensive public liability insurance naming the city as an insured party against any such liability. • Mr. Thomas Hargis, being present, and representing the Yakima Mall Shopping Center, Inc., •displayed a Model of the proposed Mall and explained the various aspects of the proposed • ramp for the Mall Parking Structure and the need for the requested easement, . - After due discussion, it was MOVED by Robinson, seconded by Brown that the Council concur with the recommendation of the City Manager and Staff, and.that the Hearing be continued for two weeks, or until an agreement can be worked out by the City Attorney between the Mall Corporation and the City, and that an•Ordinance be prepared authorizing the execution of the Easement document including conditions as recommended, and the easement grant made subject to those conditions: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson • voting aye by voice vote. Kurbitz absent., • City Manager McMicken being excused at 4:20 P.M., Assistant City Manager Martin Friedline presided for the balance of the meeting. ,Several girls representing the`Campfire Girls of Yakima, presented a cake to the Mayor and the City Council in honor of their 59th anniversary and 56 years in Yakima. This being the time fixed for the Hearing on the Planning Commission-s.•.Resolution of In- tention to amend certain sections of the Yakima Municipal Code, under .Title 12 ZONING, it was MOVED by Lambert, seconded by McNeice that Ordinance•No. 1115 relating to Zoning and amending the Yakima Municipal Code, be passed as read. Mr. Bruce Finke, Director of Planning and Community Development, explained the suggested revisions in this Ordinance as follows: . 1. The hearing before the Planning Commission on an amendment would be held not later than 90 days following the filing of an application for such amendment; • 2. No application requesting an amendment of the zoning classification • for a parcel of property shall be accepted within six months following the public hearing before the Yakima City Planning Commission on an application to rezone that same property or any portion thereof; 3. Price of permits will be higher to cover the cost of all the work involved in working.on an application.. • Mr. Robert Lewis, representing Yakima Valley Masters Builders, being present, spoke in favor of this Ordinance, except for the section covering the length of time given to the Planning Commission before they have to bring the application before . a hearing. He stated that interest rates can go up in a matter of days and by taking so long to bring . the matter before a hearing, it works a hardship on the people requesting the rezone. He felt that instead of lengthening the time before a hearing is set the time should be shortened. After due discussion, Mayor Larson called for the roll call vote on the Motion to pass Ordinance No. 1115, relating to Zoning and amending the Yakima Municipal Code, as read and it carried: Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. 'Kurbitz absent. ORDINANCE NO. 1115, AN ORDINANCE relating to zoning; providing for the initiation of an amendment of a zoning regulation by application of a property owner; specifying the time limits for hearings on amendments to the Zoning Code and on applications for variances, conditional use permits and special property use permits; prescribing amounts of filing fees; and amending Sections 12.76.030, 12.76.050, 12.80.020 and 12.80.030, all of the City • of Yakima Municipal Code. Damage Claims having been filed with the City Clerk on March 17, 1969, by Richard R. & • Bonnie J. Goodman, 1403 South 24th Avenue, in the amount of $50,000.00, for damages caused to them and their - automobile by a City leased road grader, and by Arthur Perschke, 1006 South 23rd Avenue, in the amount of #390.39 for damages_ caused by a sewer backup, it was MOVED by Robinson, seconded by McNeice that said. Damage Claims be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. Petition No. 631, having been filed with the City Clerk on March 20, 1969, by Decoto Air- craft, Inc., requesting improvement of property on West Washington Avenue, by the con- struction of water mains, it was MOVED by Brown, seconded by Robinson that Resolution No. D -1322, a resolution of, intention to create a local improvement district, in accordance with said Petition No. 631 and Petition No. 595 which was filed February 28, 1968, by Frances M. Ibach and Others, and fixing the time of hearing by Council on said matter for April 14, 1969, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent: A letter having been received from the American Civil Liberties Union, Yakima Chapter, recommending reconsideration of Ordinance No. 1102 relating to loitering'on school__pro- perty, this matter was brought on for discussion at this time. Mr. Mauno Saari; Chairman . of the Yakima Chapter of American Civil Liberties Union, was present, and stated that this organization feels that the recently passed Ordinance No. 1102 relating to loitering on school grounds is unconstitutional. Mr. Terry Watkins, Attorney, also spoke against this Ordinance, stating that the way the Ordinance reads that anyone who is walking around on the school grounds and does not check in with the adminstration department, is a prime suspect for loitering. He further stated that if this person is taken to court, • . 544. • • MARCH 24;,- 1969 • he will admit to the charge of loitering because it was exactly what'he was doing -- walking • around on the school grounds with no real purpose for being there. Mr. Watkins indicated that he feels that this completely reverses the purposes of American Criminal Justice, that it puts the burden of proof on the person, to.prove that .he is innocent of any wrong doing. He also indicated that he feels that this Ordinance will not be enforced generally, • but selectively. Mrs. Rachel Corbin, being present, stated that many people are confused as to the actual meaning of.this Ordinance and the exact purpose it- serves. City Attorney Andrews' explained that the purpose of this Ordinance is mainly to protect children against molesters, kidnappers and dope peddlers. He further_ explained that Yakima's existing Ordinance''is patterned after the State law, and that this'recent amendment to the City ' Ordinance is a refinement - to it for local application. Mr. Andrews further explained various legal concepts applicable to this type of an ordinance and expressed his opinion that a good argument exists to support the validity of the Ordinance in the event it is attacked by a court action. Bill Flueger spoke in favor of the recent amendment to the Ordinance on loitering, stating that he feels.that it should be left as it is. 'Councilman • Keith stated that he had voted.against the passage of this'Ordinance No. 1102 when'it was. . first introduced to the Council, and.still feels that some other type of legislation ' ' should be. considered that would accomplish , the - .same•.thing.without the • danger of being thrown out of Court. Those present wishing to discuss this matter, having been heard, both for and against, no further action was taken at,this meeting. . . . Assistant City.Manager Friedl.ine referred.to the matter of authorization to submit an . application for 701 "Federal Planning Grant ", and to City Manager' Report #50, Planning Projects -- Application for Federal Grant -- Addendum, which recommended that if the Council • believes that the City should proceed with a program of neighborhood conservation and development, that they. should authorize submission of the application for federal planning funds, and direct the City staff to begin preparation of a "workable program for commu- nity improvement. Mrs..Tak Kondo, President of the League of Women,Voters, being present, spoke in favor of this program, and asked that the proper means.be carried out to explain- . to people what is being done: Councilman Brown stated that there have been several surveys • of this type in.previous years and hopes that this one will not lie dormant. After due discussion, it was MOVED by Keith, seconded by Lambert that Resolution No. D -1323 authori- zing the request for approval of an Urban Assistance Project Budget the City of Yakima, be passed as read, and that the City should begin preparation of a "workable pro - gram for. community improvement ": carried, Brown, Keith,•Lambert, Larson, McNeice and Robinson voting aye on roll call. .Kurbitz absent. RESOLUTION NO. D -1323, A RESOLUTION authorizing the'City Manager to request approval by the State of Washington of.an Urban Planning Assistance Project Budget for the City of,Yakima. The matter of the preliminary study of "B" Street & Lincoln Avenue Overcrossings being. brought on for discussion and the Planning Commission recommending that the City Council approve the ABAM Incorporated Report for this project, with the exeception of the location . / of the pedistrian stairway imposed in'front the Yakima. Fruit and Cold Storage Co., it was MOVED by McNeice, seconded by Brown that April 7, 1969 be fixed as the 'time of public \J • hearing on said matter: carried, Brown, Keith', Lambert, Larson, McNeice and Robinson voting aye:by voice vote. Kurbitz absent. Assistant City Manager Friedline referred to the proposed 48 -inch pipeline, River to • N. 16th Avenue, and the consulting engineers report, Public Works Director, John Mayo,' stated that we have a "contrast with Cornell, Howland, Hayes and Merryfield, Consulting ' Engineers, to performa design study for the proposed pipeline, and that the Council approve their report and direct the staff to go ahead with the project. After due discussion,' it was MOVED by Robinson,. seconded by Lambert that the Council approve the report of Cornell, Howland,'Hayes - and Merryfield,, and that authorization be given for the staff to go ahead with the project: carried, Brown, Keith, Lambert, Larson,, McNeice Robinson voting aye by voice vote. -. Kurbitz absent. , - . . There being no further business to come before the Council, it was MOVED by Keith, . ' seconded by McNeic.e that we do now adjourn at the hour of 5:50 P.M..: carried, Brown, • Keith, Lambert, Larson, McNeice 'and Robinson voting aye by voice vote. • Kurbitz absent: • • • READ AND CERTIFIED ACCURATE BY ' � . �� ,�- DATE ! 1(6 3'9 CO , CIL N 9) 0. . . , . , DATE 3 / - G / , . D • C OUN I ' N j • ATTEST: l • n - ./(_ ' , ... . -1- * • • . • G 2 %� C I T Y C L E R K MAYOR . • • •