HomeMy WebLinkAbout03/24/1969 Business Meeting •
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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.
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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-
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storing the street to its original condition..
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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.
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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
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voting aye by voice vote. Kurbitz absent.,
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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..
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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,
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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: • •
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