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HomeMy WebLinkAbout05/12/1969 Business Meeting 566 , MAY 12, 1969 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Kur- bitz, Lambert, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Keith absent on roll call, having been excused at the previous meeting. II The Invocation was given by Councilman Brown. . The Minutes of the regular meeting of May 5, 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 continuation of the Hearing on the request for the pro- posed vacation of a portion of South Sixth Avenue adjacent to Davis High School, and City Manager McMicken reporting that the Shanno Ditch people and the School District have not yet completed their signed agreement but expect to do so this week, it was MOVED by Robin- son, seconded by Brown, that this matter be further continued for one week: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. It was MOVED by Brown, seconded by McNeice, that Ordinance No. 1132 accepting the grant of property for street purposes from the Union Pac Company and naming said street Longfibre Avenue, be passed as read: carved, Brown, Kurbitz, Lambert, Larsoh, McNeice and Robinson voting aye on roll call. Keith absent. City Manager McMicken ex- plained that Longview Fibre Company requested that this street to their plant be named Longfibre Avenue. He further explained that a study was made and that since this street does not line up with any street or avenue in the City, the Staff recommended that this request be granted. . ORDINANCE NO. 1132, AN ORDINANCE accepting the grant of property for street purposes and naming said street Longfibre Avenue; an declaring an emergency. It was MOVED by Robinson, seconded by Lambert, that Ordinance No. 1133 regulating park- ing on 16th Avenue, Fruitvale to Lincoln and amending the Yakima Municipal Code be passed as read: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Keith absent. City Manager McMicken explained that this legislation was pre - pared_in accordance . with action taken by the Council at the meeting of April 28, 1969, when this matter was heard, as a result of a Petition requesting . parking on 16th Avenue . having been filed previously by Edwin Ward and Others. He also explained that he and Public Works Director John Mayo met with the Councy Commissioners, who have agreed to issue an order designating the same kind of parking conditions on the west side of the street so as to make the parking conditions uniform on 16th Avenue, from Fruitvale to Lincoln. • ORDINANCE NO. 1133, AN ORDINANCE relating to traffic control; regulating the stopping, standing or parking of motor vehicles on certain streets during certain hours; and add - !ing subsection 9.75.050(c) as a new subsection of the City of Yakima Municipal Code. It was MOVED by Robinson, seconded by McNeice, that Ordinance No. 1134 fixing the time of delinquency and providing for the issuance of bonds for the payment of the unpaid por- tion of L.I.D. No. 968, Carolyn Addition & Others Sanitary Sewer, be passed as read: car - ried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Keith absent. . ORDINANCE NO. 1134, 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. 968, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Mrs. Walter Laton, 1603 South 10th Street, being present, stated that she has an outside sewer connection problem in connection with a house she purchased at 1601 South 10th Street which is next to her property. She explained that before purchasing this property, she applied for an outside sewer connection and spoke .with the Inspection Department and thePlanning Department, and was told she would have to sign an outside hookup agreement, which she was willing to do; that the matter would have to go to the Planning Commission for their recommendation and to the City Council for their approval, but at no.time dur- ing these discussions was she given any indication that there might be a possibility of her not getting this outside sewer connection, so she went ahead and bought the property, started to remodel the house and had the septic tank removed. She further explained that she bought this property for her widowed daughter, who has medical problems, and that she is a nurse and would be able to care for her easier if she were next door. She stated that the matter had gone before the Planning Commission on May 6, 1969 and their recom- mendation was to not allow this hookup and this was the first indication she had that she might not be able to get this outside hookup connection. She further stated that she now has quite an investment in this property and asked the Council if there is something they can do to get this hookup for her. Discussion brought out that her property at 1603 South 10th Street has been hooked on to the sewer since about 1966 and that possibly the newly purchased property can be hooked on to her line, but the matter will have to be investi- gated. It was also brought out that the Planning Department, in talking to Public Utili- ties Director Frank Stein, found that there can be no further hookup to the main line. Council members indicated that they would try in every way to find a way for her to get III City sewer service and suggested that further investigation of this matter be made. It was MOVED by Kurbitz that this outside connection request be granted providing that it can be worked out. The Motion was lost for want of a second. After further discussion, it was MOVED by Robinson, seconded by Lambert, that this matter be referred to the Staff for study and exploration of all possibilities so that a connection can be allowed in some manner if possible: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. City Manager McMicken indicated to Mrs. Laton that she will be notified of the recommendation of the Staff and when the matter will again be brought before the Council. City Manager McMicken reported that the application of W. E. McCarger, Marshall Construc- tion Company, Charles St. Mary, Robert St. Mary and Harvey N. Paulson, requesting outside 567 MAY 12, 1969 utility service for property located southwest of the intersection of South 48th Avenue and West Chestnut Street,•was considered by the Yakima City Planning Commission on May 6, 1969 and they recommended denial of said application. Director of Planning & Community Development, Bruce Finke, reviewed the matter as presented at the Planning Commission meeting and their reasons for recommending denial of said application. He explained that the applicants are requesting domestic sewer services to serve a recently platted subdi- vision known as McCarger's West Side Tracts, °which plat contains 43 lots and could be served via a sewer lateral located in South 48th Avenue. Mr. Finke further explained that the applicants have stated that the proposed use`of land in the development will be lir multiple family housing and that the General Plan for the City of Yakima indicates this entire area as low- density residential and their proposed R -3 usage would appear to be in conflict with the intent of the General Plan for the City of Yakima. He stated that the applicants had submitted a Notice of Intention to Annex, but upon learning from the De- partment of Planning and Community Development that the possibility of receiving an R -3, Multiple Family Zone classification upon annexation could not be guaranteed, as they had stipulated on this Notice of Intention to Annex, they commenced to sell individual lots. At the, present time at least two multiple family dwellings are under construction and it is not known whether the structures under construction are being built to City Code or not Mr. Finke explained that the Planning Commission recommended that the application for out- side utility service be denied because the proposed development does not conform to the General Plan and further, the size the area the fact that it is adjacent to the City'Limits, favor annexation before utility service is provided for any type of davelop- ment. Mr. Fred Velikanje, attorney representing Mr. Paulson in this matter, was present to speak for the granting of the outside sewer hookup to this property. He explained that the applicant is willing to annex, but because of the time element and the fact th2t he had quite an investment tied up in this property, could not sit still on these lots and had sold some and there are eight units under construction at the present time. Mr. Veli- kanje stated that he could not understand the Planning Commission's recommendation be- cause it seems that most of the new building in the City is multiple housing and when this property is annexed, it could bring in a whole area which would be beneficial to the City. He further stated that Mr. Paulson has figured that for building single family dwellings, installing utilities, streets, . etc., the lots will cost $4,000, which is more than most people will pay in that vicinity and this is the reason for planning multiple dwellings. Council members indicated that they feel that more information is needed con- cerning what is to be built on this property and they do not understand how the developer arrived at the price of $4,000 per lot. They indicated they would like to see a plat map, or more definite plans regarding this property before a final decision is' made. Mr. Veli- kanje stated that he and his client will bring plans and more information to another meeting. After due discussion, it was MOVED by Kurbitz, seconded by McNeice, that this matter be postponed for two weeks, or until May 26, 1969, in order that the applicants for this outside sewer hookup may bring additional information and plans for the considera- tion of the Council before a final decision is made: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting ,bbv vote. Keith absent. City Manager McMicken referring to the report of the City Engineer on the final estimate for work performed and completed on the Industrial Roadway to Serve New Longview Fibre Plant and recommending that the work be accepted and payment in the amount of $14,969.70, be made, it was MOVED by McNeice, seconded by Robinson, that the report of the City Engin- eer dated May 8, 1969 with respect to the completion of the work on Public Works contract, Industrial Roadway to Serve New Longview Fibre Plant, be approved, the work accepted and payment of the final estimate as therein set forth is hereby authorized: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. City Manager McMicken referred to the request for / outside City sewer service at 1618 McKinley Avenue, "Jehovah's Witnesses' property, who are planning to build a new church. He stated that they would gladly annex, except that they are not contiguous, and are willing to sign the outside utility hookup agreement, Mr. McMicken recommending that approval be given for this outside hookup request, it was MOVED' by Lambert, seconded by Brown, that said outside sewer hookup be allowed when the outside hookup agreement is signed: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote.. Keith absent. City Manager McMicken referred to his Report #56, Cooperative Services -- Fire Alarm Charges, stating that said report is self - explanatory, and was made as the result of a request by Councilman Lambert for information on how the charges to the various Fire Districts are computed for the services received. City Manager McMicken referred to his Report #57, Proposed Passes for Senior Citizens on City Buses, stating that on several occasions members of the City Council have discussed informally the desire to help senior citizens use City buses during off -peak hours at reduced rates, and a proposed "Senior Bus Pass" program is offered for the consideration of the Council at this time. He further stated that it is not believed that the proposed pass program will result in any particular loss of revenue, and recommended that the Coun- cil authorize the establishment of a Senior Bus Pass program on the basis of a $2.00 per month charge. Councilmen indicating that they feel this will be giving service to the people who need it, it was MOVED by Robinson, seconded by Lambert, that a Resolution be prepared according to the recommendations of the City Manager: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. City Manager McMicken referred to the matter of the County Prosecutor's advice on the re- peal of business licenses for gambling devices and stated that the City Attorney will bring us up to date on this matter. City Attorney Andrews stated that in the State of Washing- - ton, and in the enforcing of State laws, it is against the law to have in one's possess- ion, gambling devices and equipment and for the City to license gambling devices and thereby allow it. He further stated that the City of Yakima does have regulatory and licensing ordinances on the books that we have been enforcing. Mr. Andrews reported that as a result of a meeting the week before, with the Staff, the Chief of Police and the City Clerk, who is charged with licensing, the City's present position is somewhat as follows: 1. The State law against gambling is now being enforced by the Sheriff and the local Police Department. Sheriff Guns has given one week within which timeall so- called gambling devices are to be removed, or at least fixed so they cannot be used, and the City Police Department is going to parallel that enforcement policy. 2. The State law says - the City may not license gambling devices, which • 568 MAY 12, 1969 • makes it necessary for City ordinances be amended and repealed to comply with State law. They are invalid now as they conflict with State law. The City laws temporarily are not to be enforced • pending review. There will be no prosecution now. No new licen- ses will be issued or required. The City will.continue to re - ceive applications. People who are now presently licensed have • been, or will be, contacted within the City and advised to pull. II . out their machines. When the City ordinances are proposed, it • will be to put them in line with State law. Any now outstand- ing City licenses will be void. The final question is whether or not the license fees already paid 1969 will be refunded • and there is no answer at this time. The matter of what can • be licensed and what is a gambling device is a matter to be • resolved. • 3. Most all counties and cities in the State have indicated their . intention to comply with the Attorney General's opinion. Yakima . • County Prosecutor has advised compliance with.this opinion. . . City Manager McMicken stated that this report•is made with the idea that either we. comply with the Attorney General's opinion, or act contrary to it. He further stated that the City Attorney will be preparing the ordinances for repeal or amendment. No action was taken on this matter at this time. . Councilman Robinson referred to the Police Benefit Association Circus to be he.ld•on June 5,.1969, and suggested that the Council support them in their project. He further ex- 'plained that they are doing this instead of holding their•usual Policeman Balls for the purposes of raising funds. After due discussion, it was MOVED by Robinson, seconded by • Brown, that the City Council go on record as actively supporting the Police Benefit Association in this venture: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. . • • There being no further business tocome before the Council, it was MOVED by Kurbitz, seconded by McNeice, that we do now adjourn at the hour of 5:00 P.M.: carried, Brown, Kurbitz., Lambert, Larson, McNeice and Robinson voting aye by voice., vote. Keith absent. • READ AND CERTIFIED ACCURATE BY. ` � •DATE r9, /964 C6, CILMA . • • C i \ ps) �. �__ DATE 5 \,°e. ®6� . • • COUNCILMAN . • • ATTEST: • . . C I T Y • C L E R K / M A Y O R • • • • • • • • • • • • • • • • • • • • • • • • •