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HomeMy WebLinkAbout05/19/1969 Business Meeting i 569 MAY 19, 1969 . The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Kurbitz, Lambert, McNeice and Robinson, City Manager McMicken and City Attorney Andrews pre ent on roll call. Councilman Keith absent on roll call, having been excused at a previou meet- ing. The Invocation was given by City Manager McMicken. The Minutes of the regular meeting of May 12, 1969, having been duly certified accIrate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayer Larson declared said minutes approved as recorded. This being the time fixed for the continuation of the Hearing on the request for t e pro- posed Vacation of a portion of South Sixth Avenue,. adjacent to Davis High. School aid City Manager McMicken stating that negotiations between the Schanno Ditch people and th_ School District are now finished, it was MOVED by Brown, seconded by Lambert that Ordinanie No. 1135 providing for said Vacation, be passed as read: carried, Brown, Kurbitz,.Lamb :rt, Larson, McNeice and Robinson voting aye on roll call. Keith absent. Mr. Erick Wi'htman, President of the New Schanno Ditch Company, was present and stated that the agreem:nt.with the School District has been signed and everything is agreeable regarding this Vacation. ORDINANCE NO. 1135, AN ORDINANCE providing for the vacation of a portion of South 4th Avenue, within the City of Yakima, Washington. This being the time fixed for the Hearing on Safety Measures for Summitview Avenue - 16th Avenue to 31st Avenue, °City Manager McMicken referred to his Report #54, stating t at a copy of this report with the attached reports from the. Public Works Director and t e Traffic Engineer, and a Notice of this Hearing, was sent to all property owners aoutting Summitview Avenue from 16th to 31st Avenues. He read letters received from many o these property owners. The letters for and against the suggested removal of the parking on Summitview, and making suggestions for remedying the problems on this street, are en file in the City Clerk's office and were from the following people: Mr. & Mrs. Larry Gaines, 315 Park Avenue; Mrs. John Longoria, President, Yakima PTA Council, 407 S. Naches 'venue; J. D. Stephney, 2515 Summitview; Edythe and Chester R. Thomas, 2609 Summitview; Ro ald R. Hull, 2601 Summitview Ave.; Mrs. Inez M. Warninger, 2705. Summitview; Walter E. Ewa d, 2304 Summitview; and Charles J. McClune, 2 Menlo Drive, Boise, Idaho, property owner. on Summitview Avenue. City Manager McMicken stated that at an earlier meeting on thi'. same matter, parking on Summitview, some questions were raised regarding the Police Dep..rtment and law enforcement on. this Street. Police Chief Madden, being present, gave a st.:tisti - cal report on radar checks on the various arterials at certain times. This report showed that during the month of March, 1969, there were 987 citations. of which 90 were ol Summitview Avenue, and during a certain period in May, 1969, they spent 70 hours working with radar, counting 113 arrest citations on the various arterials, of which 15 we e on Summitview Avenue. Public Works Director, John Mayo, presented a sketch of six dif erent patterns for striping on Summitview, showing the first planned striping when the s reet was widened, the present striping with parking on the North side, several suggestea pattern changes regarding removing the parking, and the ideal one with a sidewalk .n both sides of the street, and explained each pattern. Mayor Larson then opened the Hea ing for discussion. Those present and speaking for or against the removal of the parking on Summitview Avenue, or making some suggestions regarding this matter were as follow.: John Nicholson, 201 N. 24th Avenue -- for Mr. McMicken's proposal. Feel that th- men whose responsibility it is to try and engineer safety and traffic in the best po.sible way, and who have studied this problem and have made the recommendations•in thes- reports, are the best qualified to recommend the best situation to the problem, -s- pecially in regard to the safety factors. As far as the speed is concerned, would not encourage any increase in the speed limit and would support a decrease to 25 miles per hour. Joe Davidson, 213 Park Avenue -- for Mr. McMicken's proposal -. He presented a ma showing streets in various related areas and in this particular area, with sidew lks, without sidewalks,'and with and without parking on one or both sides of the stre ts. Leland Gross, 1513 Summitview -- for removing all parking, and the fourth propos 1 on the traffic pattern chart, which shows two 11 ft. and two 14 ft. lanes. He lives on the north side of Summitview and is concerned about the children on the north side and where they will walk to get to the crossroads. John Stolp, 1915 Summitview -- leave it like it is, but slow the traffic down. He stated our biggest concern is getting our children across Summitview, and suggested a traffic light. John Vandebrink, Principal of Roosevelt School at 16th and Summitview -- stated hat he is very concerned about the safety of the children, that he talks to them eve y night as they leave school for home. He further stated that he would like to se the speed limit kept down, that one step off the sidewalk and they are right int the traffic. George Millard, 27th and Summitview -- against removing parking, and asked if the speed limit is planned to be raised after the striping, if the parking is removed. Mrs. Bruce Hudson, 2406 W. Yakima Avenue -- for the removal of the parking, and in favor of the plan of striping, that shows a 3 ft. buffer zone on the sidewalk si e, as this seems to be the safest way. Would be very opposed to a 35 mile speed li it. Virginia Gilbert, 211 N. 22nd Avenue -- for a buffer zone between the sidewalk and cars going by. I/ Norm Nashem, 302 Stanley Blvd. -- for removing the parking. He stated is concerned about the cars going too close. Mrs. Borrell, lives at 2303 Summitview and owns the house at 2306 Summitview, ' -'also -- against removing the parking, as it gives the children on the north side of the street a place to walk. She stated that the parking is also needed because there is no place else to park. Virginia Adams -- Lives on Lincoln, but referred to the children who go to Kinde - garten and have to cross Summitview. (continued) . - . 0. MAY 19, 1969 ;(Hearing on Safety Measures on .Summitview Avenue, continued)(comments of property owners) John Bloxom, Jr., 307 N. 22nd Ave. -- for'removal of the parking. He stated that he has kept track of people speaking at this Hearing. and feels that there are very few . • speaking'who object to removing the parking,compared to those who are for removing. it. :' Mrs. GeaTge Millard, 27th and Summitview -- stated that they have a 2 ft. sidewalk in front of their place, but that it is going to be hard to walk on that sidewalk. if parking is removed, and wonder why a fence has not been considered. Mrs. Idalee McCormick, 211'N. 23rd Avenue - -'for removal of the parking, but stated that she feels the traffic speed should be lowered and that there be a more closer control of the traffic. She asked what happened to the 20 :mile per hour in school zone signs, and stated that there should be a buffer lane, or sidewalks on both sides. • Del Cherrington, Principal of Robertson School -- agrees with Mrs. McCormick that there should be a buffer lane. He referred to the number of five -year olds that go to Kindergarten and have to cross Summitview. . • Lester Carroll, 2107.Summitview -- lives on the.north side, in the middle of the • block and is concerned with the problem of trying to get across'the street, stating that there should be.a sidewalk on both sides of Summitview.. He.suggested that if ,a storm fence doesn't cost any more than restriping, it might be a possibility. Carolyn_Crook,,1405 Browne -- stated there should be a fence similar to the one at ' the Yakima Valley College. . • Ed. Wallace, 2307 .Summitview -- it should be left the way it is, even though•he feels • that the parking is on the wrong side the the street. He stated there are no facts that will prove or guarantee that the children will not be. killed, whether the parking,is removed, or. left as it is. . . . Phil Salatino, 209 Park Avenue -- for removing the parking as recommended in Mr. . McMicken.'s memo. He stated that he does not think a fence is a very good idea -- that children will probably climb on-it and be in as much, or more danger of getting injured or killed, as if there is not a fence. F 'red Beehler, ' 210 N: 23rd Avenue'-- against removing the 'parking. Feels 'that the parking' should be left on the north side of the'•"stre'et- to protect the chladrejn-: He stated that there is no school patrol at 23rd. . . . . Wes Britt, 1'605 - Summitview : does not feel. that if .there: is a fence,.: there :should be • . danger of children climbing it. ` He' stated that he 'eels the. children. should be : - trained at home not t� roughhouse on the street, or climb fences. He agrees that the main problem on this street is the excessive speed of automobiles. - II Rob'er•t. Adamson,L 2.903::.Summitvi.ew Avenue - - -- •suggest we leave :it :as it., is until •a • • ill • - better solution can be recommended, and put the speed limit down to 25 miles per hour. Mrs. Lois Davidson,213 Park Avenue -- feel we should consider. the best solution for our .children.. :.. She .also -stated .that_.she feels we are overlooking the pedestrians on • • the .nor.th.side.. -- that _there- are..chi.ldren there also and the present proposal does . . not present any place_for _them_to walk, and feels there should be a sidewalk there. Others making.commen.ts regarding this matter were Mr: and Mrs. Bob Dittmar, Summit - view, Mr. Walter Ewald and Charles Hyle, 24th and Summitview owners asked. about putting a sidewalk on the north side and what it would involve. Works- Director, John Mayo, explained the process of an L.I.D. to put in the sidewalk, stating . . that the main problem.would be one of acquiring the right-of-way needed from the property owners on the ' north. side, &stating that if it has 'to"be purchased, it would be too expen- sive. Councilman'Robinson stated that he would Like to have some.information on construc- ting a fence. Councilman Kurbitz stated that he doesn't believe there will ever be a . permanent solution unles s_ a sidewalk on the north de. Council members indica- that they will - consider: afl" ideas te si presen . ted d. this evening before :a final; decision is • made.. Nd action was "take.n on •this matter. at' this time. . • J .. Petition No. 635, Notice of Intention to Commence Annexation Proceedings, having been filed with the ,City C.le.rk on May 15,_196.9, by Lawrence E. Deardorff, President of Good Samaritan Nursing Inc.,. requesting annexation of property in the vicinity of N. 16th Avenue and Je.r ane a letter having been received from Mr. Deardorff stating that Mr. Glenn Kaser is the authorized representative of Good Samaritan Nursing Home,•Inc., • . • • and Mr. Kaser being 'present,' it was MOVED 'by Robinson, seconded by Lambert - that this date be set as the time for' a beeting" "with the in'itiating'party who•sig`ned •the Notice of Inten- • tion to Commence Annexation dated 15,. 1969, as represented by Mr. Glenn Kaser: carried,, .Brown, Kurbitz, .Lambert, Larson, McNeice and Robinson voting aye by voice vote`. Keith' absent.' .. Mr.' Glenn 'Ka.ser, representing the 'Good' Samartan' - Home - , 'Inc. , in this" matter ' and stating that they `are willing 'to assume "the City's indebted- ness, it was duly moved, seconded' and passed that' the annexation proposed by petition no. 635 (Notice Intention'td Commence Annexation' Proceedings). be accepted by the City of -Yakima and that the area _s`ought to be annexed be required to 'assume the City's 'existing indebtedness The above - Motion was Trade by Robinson, seconded by McNeice and. it carried, Brown, Kurb'itz', Lambert, Larson,. McNeice and Robinson voting aye by voice vote. Keith • absent. Bob-McCoy, Assistant Planner'for the City, has been working on this annexation • and stated that the approximate area of the proposed annexation is 15 acres, representing about 182 people. Damage Claims having been filed with- City Clerk on May 1969, 'by Thomas E. Vernier, Route. 1, 'Box 1.74, Naches, Washington, for damages "caused to'a jacket on Police vehicle, • in the amount of $50 - .00, and on .May • 13, 1969, by H. Cushing' for damages - caused by •a' . leaky fire hydrant,'in the amount of $288.54, it`was MOVED by Robinson,'seconded by Brown • that said lJamaqe Claims be referred to'the City Manager and Staff for study•and recommenda- tion: 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. 1136 regulating-perking on 16th Avenue, south of 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.. , 571 . . MAY 19, 1969 . • ORDINANCE NO. 1136, AN ORDINANCE relating to traffic control; regulating the stopping, standing or parking of motor vehicles on certain streets and amending subsection 9.75.040 (ddd) of the City of Yakima Municipal Code. It was MOVED by Robinson, seconded by Lambert that Ordinance No. 1137 amending the Traffic Code, regulating vehicles emerging from parking spaces, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Keith absent. ORDINANCE NO. 1137, AN ORDINANCE relating to traffic control; requiring drivers of vehicles emerging from parking spaces to yield the right-of-way to vehicles on the street; .dopting Section 9.50.077 as a new section of the City of Yakima Municipal Code; and declar'ng an emergency. • Mayor Larson read a letter from the Board of Commissioners of the Metropolitan Par Dis- trict of Yakima, which stated that "by unanimous vote, at a duly held meeting on M.y 13, 1969, they resolved to ask that the Metropolitan Park District of Yakima be dissol ed and that its parks, playfields and other properties, whether lying within the city lim'ts of the City of Yakima or within the confines of Yakima.County,.be conveyed to the Cit of Yakima, subject, however, to the assumption of the legal debts and obligations of -aid Metropolitan Park District of Yakima ". The letter stated further, "The Commissioners of the Metropolitan•Park District•of Yakima, therefore, petition your Honorable Body .o take such steps as are legally necessary to complete the purposes of this petition." Mi. John Chesterley,.Chairman of the Board of Commissioners of the Metropolitan Park.Distri.t, was present. City Manager McMicken stated that this will take place at the first of t e year, when the budget begins and that the Parks Director and he should get together with the County Commissioners, to discuss the park lands they would receive and possibly male some other study. He further stated that the budget issue is the main one that comes to mind, and that the Council should consider having the appropriate legislation prepared. After due discussion, it was MOVED by Robinson, seconded by Lambert that the City Manage and Staff and the Metropolitan Park, District consider this matter further to determine the steps to be recommended to the City Council in this connection: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice. vote. Keith absent. City Manager McMicken referred to the request by Mrs. Walter Laton for Cit Sewer Service and reported that in accordance with action taken by the Council at the previous meeting when this matter was postponed until further investigation could be made, that Director of Planning & Community Development, Bruce Finke, Building Inspector, Newell Pock, Public Utilities Director, Frank Stein, and Public Works Director, John Mayo, have investigated this matter and are all available at this meeting for questions. Discussion brought out that one alternative available to provide sewer service to Mrs. Laton'- property at 1601 S. 10th Street is by tapping into the main 36" interceptor sewer •hat runs east past the north side of her property, which, according to Frank Stein, th= only feasible means for such a connection would be by a lateral line that is jointed to an interceptor line by means of a manhole. Another suggestion that was discussed, wa- to allow Mrs. Laton to join into an' existing private side sewer line running across t le rear of her lot from the adjacent lot, which she also owns at 1603 S. 10th Street, into the main 36" sewer interceptor running east on Viola Avenue. After due discussion, it was MOVED by Robinson, seconded by Kurbitz that the outside City sewer connection to tie private sewer line which crosses 1601 S. 10th Street property, be made, subject to pay- ment of the outside connection fee and the execution of the outside utility agreement_ with the-Condition that this line be noted as a private sewer and not be maintaineO by the City: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting ay: by voice vote. Keith absent. City Manager McMicken referred to the Attorney General's Opinion re Gainbling indicating that the City Attorney will make a statement regarding local policy on this matter City Attorney Andrews read his prepared statement as follows: "At the previous Council meeting of May 12, 1969, after a report was submitted to the Council by the City Manager aid my- self on the subject of a recent Attorney General's opinion regarding state.gamblin. laws, we indicated that ordinances would be drafted for your consideration amending or repealing existing ordinances licensing pinball machines, card rooms, etc., wherever necessary to comply with advice which had at that time been given to city officials by Yakima County Prosecutor Lincoln Shropshire. . "Last Tuesday, May 13, Mr. Shropshire issued a public statement rescinding his prev ous announcement that State Attorney General Gorton's recent opinion was to be adhered 'o and strictly enforced throughout Yakima County. In Tuesday's statement, Mr. Shropshire announced that the Attorney General's opinion had become the subject of differences of opinion among lawyers, prosecutors and law enforcement officials around the state a d that law suits were to be commenced to attempt to clarify some questions which arose fro that opinion, and that pending the clarification of those issues, Yakima County law enforcement officials were advised by Mr. Shropshire to make no arrests for gambling in Yakima county. "In view of that , _recent public statement by Mr. Shropshire, and in light of a, .onfer- ence attended by him, Sheriff Guns, Police Chief Madden and myself regarding state was and local enforcement of them, it is now recommended to you by Chief Madden and myself hat the City of Yakima follow the policy in this regard which is now being followed by Yaki a County authorities. Your concurrence with this recommendation would mean that the City of Yakima would take no immediate action regarding the amendment or repeal of its regulatory a d licensing ordinances on that subject as was considered at last week's meeting, and hat those ordinances would continue to be administered by the City Clerk and Police Dep rtment as in the past. "It is Chief Madden's view, and mine also, that this recommendation to you is the m st desirable one for the City to follow in order to establish a uniform and consistent law enforcement policy on this subject throughout the county. The retention by the cit of I/ its existing licensing and regulatory ordinances coupled with the countywide enforcement policy as it has been administered in the past and as it will continue to be admini.. -tered pursuant to Mr. Shropshire's most recent announcement would answer any questions ani calm any confusion which otherwise might arise from the previous announcement of a stric policy, but would still effectively protect the public against any large scale or u der - ground gambling•activities, as has been shown by previous experience throughout the county and particularly in our city." City Attorney Andrews indicated that the City of Yakima will take no action on this, matter at the present time. After due discussion, it was MOVED by Robinson, seconded by LJmbert 572 MAY 19, 1969 that the matter of making any changes in our existing ordinances or policies be indefinite - ly.postponed: carried, Brown, Kurbitz, Lambert, Larson, McNeice and 'Robinson voting aye by voice vote. Keith absent. City Manager McMicken reporting that Mr. LaVar Hendricks has been recommended for appoint- ment to the Mayor's Committee on Human Rights to take the place of Stuart Semon, who has resigned, it was MOVED by Lambert, seconded by Robinson that Mr. Hendricks be appointed to the Mayor's Committee on Human Rights as recommended: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting .aye .by voice vote. Keith absent. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by McNeice that we do now adjourn at the hour of 11:00 P.M.: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith absent. READ AND CERTIFIED ACCURATE BY DATE S °AoO '"4 C OUNCILMAN `• DATE X J COUNCIL MAYOR ATTEST: C I T Y Alp 11°E4' CiMAII0AW C L E R K M A Y f PRO TEM • • •