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HomeMy WebLinkAbout09/02/1969 Business Meeting 6 ®9 SEPTEMBER 2, 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. The Invocation was given by Councilman Keith. . The minutes of the regular meeting of August 25, 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 Appeal from the Planning Commission's decision in denying the rezone application of Harry Borland, request- ing rezone of property situated at 916 and 918 S. 3rd Avenue, filed by Ted Roy, Attorney for Harry "Borland, Bruce Finke, Director of Planning & Community Development, reviewed the matter. He referred to a map showing this vicinity and explained that most the the surrounding property is zoned R -2, Two- Family, but is'developed largely with single- family residences. •Mr. Finke further explained that the General Plan for the City of Yakima indicates this area as median residential and the Planning Staff and Planning Commission recommends that this application be denied due to the fact that the requested rezone con- flicts with the intent of the General Plan, and that approval of the application would create a spot zone and establish a precedent by which further spot or strip' commercial development could result. Mr. Ted Roy, Attorney, and Mr. Borland, were present to speak to this matter. Mr. Roy explained that Mr. Borland has operated the grocery store since 1942, and has three old buildings at the rear of his store, two of which have been condemn- ed by the Fire Department, which he would like to remove and build one large building to be used for the same purpose as these have been used -- for storage purposes, and plans . to black top the rest of the area for parking. He stated that Mr. Borland does not plan to alter his present grocery store, but the addition of the new building and the removal of the old ones will improve the general appearance of the neighborhood, and he feels that if Mr. Borland is prevented from doing this, it will be doing an injustice to a small business man who has been in business many years. Council members asked questions about B -2 Zone uses and the permitted activity of a non -conforming use. Councilman Robinson indicated he would be against rezoning this property, but felt that the proposed new • building would be very little more in square footage than the three buildings to be torn down and wondered if the substitution could be allowed in the present non-conforming usage. Councilmen Brown and Keith indicated that they felt that something should be worked out so that Mr. Borland may improve the appearance of his property, even if•it has to be rezoned to allow this. After due discussion, it was MOVED by Robinson, seconded by Keith that this matter be continued for two weeks, in which time the City Attorney may check the legal pro - cedures in allowing this type of remodeling in a non - conforming use, and report back to the Council: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. • This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 970, Alley Paving - Block 6 Loma Vista Addition and Block 2 Highland Addition, and there being a protest filed in writing and some discussion by people present, it was MOVED by Brown, seconded by Keith that Ordinance No. 1158 confirming said Assessment Roll and every part thereof, be passed as read. Mayor Larson called for discussion on this matter. A Peti- tion having been filed with the City Clerk on September 2, 1969, by seven property owners in this vicinity protesting the fact that only 20 ft. of the 40 ft. wide alley in their vicinity was paved and the rest was in gravel, Public Works Director John Mayo explained that an alley is usually 20 feet wide and.when the Petition fequesting alley paving was filed, it asked for alley paving and the work was done in the usual . manner for paving an alley, so in the 40 foot alley, only 20 feet was paved. He further stated that if the people wished this additional paving done, they would have to be assessed for it according- ly. Mr. Stephen Huza, representing these property owners, suggested that a Petition for an L.I.D. requesting this additional work and requesting the City to vacate their portion so that this work may be done, be drawn up, and Mr. Mayo stating that this is an excellent idea, indicated he would work out the legal descriptions for said: :ftition. After due dis- cussion, Mayor Larson called for -the vote on the Motion to pass Ordinance No. 1158 con- firming said assessment roll and it carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. ORDINANCE NO. 1158, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 970 as created and` established by Ordinance No. 1058 of the Ordinances of the City of Yakima. An Ordinance appropriating.$23,000 Federal Funds for. "701" Housing and Family Survey, hav- ing been read in its entirety at the previous meeting of August 25, 1969, and being read by Title only at this meeting, it was MOVED by Robinson, seconded by McNeice that Ordinance No. 1159 appropriating said funds, be passed as read: carried, Brown, Keith, Lambert,-Lar- son, McNeice and Robinson voting aye on roll call. Kurbitz absent. ORDINANCE NO. 1159, AN .ORDINANCE appropriating the amount of $23,000 from the Current Expense Fund to various accounts and classifications in the 1969 appropriation for 104- Department of Planning and Community Development. Councilman Keith excused from this meeting at 4 :00 P.M. It was MOVED by Robinson, seconded by Brown that Ordinance No. 1160 prohibiting parking on South First Street between Nob Hill and Mead and limiting the parking on E. Spruce in the vicinity of South First Street, be passed as read. Public Works Director, John Mayo, explained that the removal of the parking on both sides of South 1st Street _from Nob Hill Boulevard to Mead Avenue, is to allow for a left turn lane. He further explained that the parking meters on Spruce Street have been requested by Lillian Cariveau, Manager of the King's Table restaurant and by Lee Watkins of Yakima Piston Service, because people working in that area park adjacent to their businesses for all day, and customers of these_ busi- nesses have no place to park. Mr. Mayo stated that a survey of the area was made -and the staff feels that parking meters should be installed in this area. Mr. Mayo indicating that work needs to be done immediately on the matter of removing the parking on S. First Street to that the striping can be done in connection with the street overlay program, it was MOVED by Robinson, seconded by Brown that this Ordinance be amended to include the emergen- cy clause to make the Ordinance effective immediately: carried, Brown, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Keith and Kurbitz absent. Mayor Larson . then called for the roll call vote on the Motion to pass said Ordinance No. 1160 and it carried, Brown, Lambert, Larson, McNeice and Robinson voting aye on roll call. Keith and Kurbitz abserrt. . • 610 • . SEPTEMBER 2,. 1969'. • • ORDINANCE. NO. 1160,,AN ORDINANCE relating to traffic control; regulating the stopping, starting or parking.of motor vehicles on certain streets? and.amending Sections 9.75.030 and 9.75.040 of the City of Yakima Municipal Code; and declaring an emergency. Mr.- Stephen Huza,.being present, asked about the school traffic signs, and the striping of school crossings in the vicinity of McKinley School, stating that both 12th and 13th Avenues are being used to cross Tieton and he feels that only 13th Avenue should be used as it was in the previous year and that it should be so marked and signalized. Discussion also brought out that there is not one of the new school traffic signs at Gilbert School and possibly a few other critical places. John Mayo,-Public Works Director, stated that it was thought that the new traffic signs had been put at all of the most critical school • crosswalks by the time'school started, but they will check into the possibility of the need . at 13th Avenue on Tieton, Gilbert School and others. City, Manager. McMicken referred the matter of authorization to accept a construction ease- ment from Mr. and Mrs. A. 0.. Turner to install water transmission main, to City Attorney Fred Andrews, who explained that in connection.with the installation of the 48" Water Transmission, Main, it is necessary.to enter onto some of this property to work on the line and that Mr. Turner has consented to sign a document stating that this property will be available for use to the City for which they will be paid $1500. He further explained that this will cover the cost of damaging and removing of some fruit trees and other damage to' the property, and after the work is finished the Title will revert back to.Mr. Turner as the City will have no-further need of the property. After due discussion, it was.MOVED by Lambert, seconded by Brown; that Resolution No. D -1383 authorizing the acceptance of'a con - -struction easement from A. 0. and.Evelyn B. Turner,. be passed as read: carried, Brown, Lambert,- Larson, McNeice and Robinson voting aye on.roll call. Keith and.Kurbitz absent. RESOLUTION NO. D= 1383, -A RESOLUTION authorizing ,acceptance of a construction easement from.A. O. Turner and Evelyn B. Turner. ■ ' City Manager, McMicken referred to the matter of the relationship between the State Fair Housing Law and the City Fair Housing Ordinance. He also referred to the Minutes of the . Yakima Fair Housing Board Meeting and the.proposed agreement, and asked City Attorney Andrews to review this matter. Mr. :Andrews stated that the 1969 Legislature prepared a • Law which amended the Washington State Board Against Discrimination Law with regard to property transactions. He further stated that new sections were prepared and tacked onto the Law, which provides that any City which has an Ordinance such as we have on the subject of Fair Housing, shall enter into a cooperative agreement with the Washington,State Board Against Discrimination for investigating .complaints, etc. Mr..Andrews explained that. the State Board has proposed to the City of Yakima and other cities, that an agreement be entered into to carry out the purpose of minimizing the duplication of functions and multiple hearings, and cooperation in enforcing fair housing laws. He stated that the local Fair Housing Board is in favor of the principles of such joint cooperation.and ex- change of information, but that they wanted to have a' detailed review of proposed agreement by the City staff. Mr..Andrews indicated that we haven't had any complaints filed here and'don't know all the problems that there might be, and it was thought that the State might receive most of the complaints, since the State Board is going to have people here. full -time to do nothing but this type of work. He stated that it would be appropriate for a Resolution to be prepared and passed, to see how it works and to see if any complaints are filed and if the agreement is going to be workable. .After due discussion, it was MOVED by Robinson, seconded by McNeice that a Resolution.be prepared authorizing the entry into such an agreement, to see how it will work out, as suggested by City Attorney Andrews: carried, Brown,. Lambert, Larson, McNeice and Robinson voting aye by voice vote. .Keith and Kurbitz absent. ' • City Manager. McMicken referred to the matter of the City owned property at 1816 S. 24th Avenue, explaining that the original tenants have moved out and this property has been . • leased to new tenants in accordance with the proposed Resolution and Lease Agreement. After . due discussion, it was MOVED by Brown, seconded by McNeice.that Resolution No. D- 1384' authorizing the lease of City -owned property, be passed as read: carried, Brown,. Lambert, Larson, McNeice and Robinson voting aye on roll call. . Keith and.Kurbitz absent. RESOLUTION NO.•D -1384, A RESOLUTION authorizing the lease of real property owned by the City, and ratifying the execution of a lease agreement. • . City Manager McMicken referring to the Damage Claim filed by Allstate.Insurance Company re- garding damage caused to the auto of Mrs. Alma Williams during the course of street repair work performed by the City, it was MOVED by Lambert, seconded by Robinson that Resolution No. D -1385 authorizing the payment of $18.29 to Allstate Insurance Company in satisfaction of said damage claim, be passed as read: carried, Brown, Lambert,- Larson, McNeice and Robin - • son voting aye on roll call. Keith and Kurbitz absent. • RESOLUTION NO. D- 1385, -A RESOLUTION authorizing the payment of $18.29. to Allstate Insurance Company in. satisfaction of a claim for damages. • . • City Manager McMicken referred to the matter of authorizing the release of retained per - centage funds to Teeples and Thatcher, Inc., stating that they have partially completed the . • work on the'Naches River Treatment Plant, the full completion of such work being delayed • pending the performance of work by other contractors, and that both the City and contractor desire that said retainage funds for the work completed to date be released to the contrac- tor and. the necessary legal arrangements have been made to accomplish such release so that all parties are secured for whose protection the retained percentage funds have been with held. After due discussion, it was MOVED by Brown, seconded by McNeice that Resolution No. • D -1386 authorizing the release of said retainage percentage funds,,be passed as read: carried, Brown,•Lambert,.Larson, McNeice and Robinson voting aye on roll call. Keith and Kurbitz absent. • RESOLUTION NO* :. D- 1386, A RESOLUTION authorizing the release of retained percentage funds to Teeples & Thatcher Contractors, Inc.,. for work performed on the Naches River Treatment Plant. City Manager McMicken requesting authorization to be absent, October 8 to 23, 1969, stating • that he will be attending the I.C.M.A. meeting in New"York on the 12th.to the 16th and the remaining time will be vacation, it was MOVED by Robinson, seconded by McNeice that said travel be allowed: carried, Brown, Lambert, Larson, McNeice and Robinson voting aye.by voice vote. Keith and Kurbitz absent. 611. 8EPTEMBER,2, City Manager McMicken requesting that authorization be given for Fire Chief Shockley to attend two meetings, one in Chicago, October 16 to 24, 1969, and one in Honolulu at his own expense, as he will be taking some vacation at that time also, and for City Attorney Fred` Andrews to attend the annual conference.of NIMLO, October 12 to 15, 1969, it was MOVED by Robinson, seconded by Lambert that the requested travel be allowed: carried, Brown,•Lambert, Larson,. McNeice and Robinson voting aye by voice vote. Keith and Kurbitz absent. City Manager McMicken referring to requests of absence.from meetings for the next two months, by Councilmen as follows: . • • • Keith -- September 8,'15, and October 6,- Robinson -- September 15, 22, 29, and October 6, 13, Brown -- September 22, Lambert •-- September 22,_ and City Manager McMicken -- October 8 - 23, and • October 13 - 20, • it was MOVED by McNeice, sseconded by Lambert that the requested absences be allowed: carried , Brown,.Lambert,.Larson, McNeice and Robinson voting aye by voice Keith and Kurbitz absent. • There being no further business to come, before the Council; it was MOVED by McNeice, seconded by Brown that we do now adjourn at the hour of 5:55 P.M.: carried, Brown, Lambert, • Larson, McNeice and Robinson voting aye by voice vote. Keith and Kurbitz absent. • • :_ DATE READ AND CERTIFIED•ACCURATE BY dOUN 104;4 11t:... LMAN • • r ,,„ • • ,, J /C DATE COUNCIL . • • • • ATTEST: • / 4 / C I T Y C L E R K MAYOR • • • • • • • • • • • • • • • • • • I/. • • • • •