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HomeMy WebLinkAbout12/29/1969 Business Meeting 657 DECEMBER 29, 1969 The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, Lust, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present on roll call. The Invocation was given by Councilman Brown. The minutes of the regular meeting of December 22, 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 Rezone Application of Mr. & Mrs. John Wade & Others, requesting rezone of property situated between North 16th and 18th Avenues, on the south side of Lincoln Avenue, Mr. Ed Loidhamer, Principle Planner, reviewed the matter as considered by the Planning Commission. He stated that the Planning Staff and Planning Commission first recommended that this rezone request be denied and then the matter was referred back to the Planning Commission after public hearing by the City Coun- cil. He explained that the Planning staff had presented a report which reviewed the Gen- eral Plan and he briefly summarized this report stating that a request for zoning which is in conflict with the General Plan eannot :.be .justified it is determined the General Plan is error, that there are changed conditions,- or public need is shown for changing the plan.for-zoning the property. Mr. Loidhamer stated that the Staff felt that there was no public need for changing the zoning, that the conditions have not changed and that the General Plan is not in error. He also stated that they had studied the Traffic Engineer's report of October 31, 1969, and that care should be taken about what is read into the re- port since it could be misleading, as the study indicates the affect that the one proposed shopping center would have on the traffic on Lincoln and 16th Avenues. Mr. Loidhamer stated that the Planning Commission felt that if this request were granted, that it would be difficult to deny others and had again approved the recommendation of the Planning Staff to deny this application for.rezone. Mr. Donald Bond, Attorney, representing Mr. E. D. McCarthy, developer from Spokane, and Buttrey Foods and Osco Drugs, spoke in favor of this rezone indicating that he would not repeat information previously given at the other Plan- ning and Council meetings. He,stated that his clients did not feel it was fair for the Planning Staff to make a recommendation to the Planning Commission before the matter is heard by them,; but that they should give reports both pro and con. Mr. Bond stated that this shopping center would bring employment to approximately 100 people. He spoke -on three other points: 1st, the traffic situation, stating that he does not believe there will be an overload of the street or an appreciable increase in traffic conjection; 2nd, the General Plan, stating that the shopping center planned will not be a major departure of the General Plan as the original General Plan indicated that there was to have been a neighborhood shopping center at Fruitvale.and 16th Avenues, and the proposed one is in the general area; 3rd, Milroy Park, stating that his clients would allow Milroy Park people to park at the shopping center. Dr. Ballew, 1908 West Yakima Avenue, who owns nearby property on Lincoln Avenue, spoke in favor of the rezone, stating that he felt that the General Plan is a plan we try to adhere to, but can be changed, and he feels that new business should be given an opportunity to come into the city. Mrs. McLean, 316 N. 16th Avenue, spoke in favor of the rezone, stating that she had opposed the American Oil Company on their request for rezone of the property on the corner of 16th and Lincoln Avenues, and it was granted, and now they feel the property is unsuitable for residences. She further stated that it is im- possible for anyone to get an F.H.A. loan to resell the homes in this area because they are next to business zoning. Mr. Don Tunstall, Attorney, spoke against the rezone, indicat- ing that he believes zoning should be controlled and that the freeways and arterial streets are to carry people from one part of town to the other, not to shopping centers. He stated that he felt there would be traffic conjestion caused by this shopping center and that there have been for years a large number of very fine independent thinking people serving on the Planning Commission, who are interested in serving the people, and feels that their recommendation should be followed and this rezone denied. Mr. Morrie Shore, Attorney, representing Cahoon's and Lincoln Center, spoke against the rezone, stating that nothing new has come up since previous hearings, and that hs:clients concur with the Planning Commission in reasserting their recommendation to deny this rezone. He further stated that they are concerned about the traffic conjestion on Lincoln Avenue. Mr. Jack Cahoon' spoke against this rezone referring to the traffic problem and the fact that the customers will be drawn from other places which will create a traffic hazard. He also stated that the fact that this would be a new business does not necessarily mean more employment, but . that employees would come from other stores. Mr. Coston, spoke against this rezone, stat- ing that he is not a property owner in this vicinity and is a newcomer to Yakima, but had come to Yakima from Seattle to retire and get away from the conjestion - and traffic problems caused by large shopping centers. Other people speaking in general regarding this rezone application were: Mrs. Mary Wakely, who stated that she is in favor of anything that will bring more tax money to the City to pay for more police and fire protection; Mr. Bob Moore, who stated that one point that hasn't been brought out is that there are already 32 commer- cial businesses in the area from the bottom of the hill at about 23rd Avenue and Lincoln to 5th Avenue and Lincoln Avenue. Mr. Larry Robinson spoke in regard to property rights and human rights, stating that the people who own property on 16th and Lincoln Avenues have certain property rights, but that he feels that the matter of limiting business comes too late, and consideration should be given to what will be gained if this rezone is granted, against what will be gained if it is not granted. Council members asked questions about changing the requesting zoning to a Planned Unit Development Zone. Mr. Loidhamer explained that the planned unit development concept can be used for almost any type of development, but that the applicants would have to start. over again with a rezone request on the basis of requesting-a new type of zone. City Attorney Andrews explained that the required action now for the Council on the matter of the requested rezone is to either grant or deny the rezone. \Councilman Keith indicating that he is in favor of the rezone, stated that there have been substantial changes in the northwest part of the City and that he believes that we should consider that the General Plan is flexible and should not hold out business. ' Councilman Lambert stated that at first she had been against this rezone because her main concern was the traffic conjestion. She indicated that this project has been compared to Nob Hill, when it should have been compared to Tieton where the traffic problems anticipat- ed have not happened. She further stated that she has good faith in the developer and that the traffic problems will be resolved and the property will be landscaped and have proper lighting before the construction is too far under way. Councilman Robinson stated that previously he had agreed with the Planning Commission's recommendation to deny this and that he continues to agree with this recommendation. He further stated that we have a General Plan that was thoroughly planned and adopted, that it was the result of a great deal of detailed study and examination of concerted thinking, and we should be slow to make a change. He further indicated that he believes this property is properly zoned, that he is against strip zoning on both sides of .Lincoln Avenue, and that granting of this rezone 658 DECEMBER 29 -, 1969 . 1 , will undoubtedly contribute to traffic hazards on 16th and Lincoln.,Avenues. After due discussion, it was MOVED by Keith, seconded by Lambert that the City Attorney be instructed to prepare an Ordinance to grant this rezone :.carried, Keith, Lambert, Lust and McNeice voting aye by voice vote. Larson and Robinson voting nay by voice vote. Brown not voting because of a conflict of interests. It was MOVED by Brown, seconded by McNeice that Ordinance No. 1196 adopting a basic salary schedule for City employees and amending the Yakima Municipal Code, be passed as read: . I II carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 1196, AN ORDINANCE relating to City employees; adopting a basic salary sched- ule; and amending Section 2.20.110 of the City of Yakima Municipal Code; and declaring an,. emergency. It was MOVED by Brown, seconded'by Lust that Ordinance No. 1197 adopting a classification plan and salary. ranges for City employees and amending the Yakima Municipal Code, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 1197, AN ORDINANCE adopting a classification plan and salary ranges for city •employees; amending Section 2.20.100 of the City of Yakima .Municipal Code; and declaring an emergency. City Manager McMicken explaining that.Air Pacific desires to operate an airline service to and from the Yakima Municipal Airport, with counter or desk space in the Yakima Municipal Airport Terminal, in accordance with the execution of an Airline Operators Agreement, it was MOVED by Keith, seconded by Brown that Resolution No. D -1424 authorizing the execution of an Airline Agreement with Air Pacific, be• passed as read: carried, Brown, Keith, Lam- . bert, Larson, Lust, McNeice and Robinson voting aye on roll call. . RESOLUTION NO. D -1424, A RESOLUTION authorizing and directing the execution of an Airline Operators Agreement with Air Pacific. City Manager McMicken explained -that by the confirmation of the assessment roll for Loca-l: Improvement•District No. 968, Carolyn Addition & Others Sanitary Sewer District, by0r.di- nance No. 1116 passed on May 12, 1969, an assessment in amount of $573.38 was levied against Lot 11, a portion of which has since been sold. He further explained that an application has been made for the segregation of the assessment against said lot. After due discussion, it was MOVED by Robinson, seconded by Brown, that Resolution No. D -1425 authorizing the segregation of said assessment, be passed as read: carried, Brown, - Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. 4 : RESOLUTION NO. D -1425, A RESOLUTION ordering segregation of an assessment in Local Improve- ment District No. 968. City Manager McMicken explained that in reference to the City water main located between SR -12 and the Northern Pacific Railroad next -to the A.O. Turner property, Mr. Turner is constructing a road approach which will cross over the water main and pipe will need to be purchased to replace the section of pipe at the road approach, and is requesting author- ization to purchase said pipe without calling for bids. He further explained that upon completion, the City will be reimbursed for this pipe. After due discussion, it was MOVED by Robinson, seconded by.Keith that Resolution No. D -1426 authorizing the purchase of said pipe without calling for bids, be passed as read: carried, Brown, Keith, Lambert,= Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO D -1426, A RESOLUTION authorizing the purchase of material without calling for bids. There being no further business to come before the Council,,it was MOVED by Lust, seconded by Keith that we do now adjourn at the hour of 5 :40 P.M.: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. • READ AND CERTIFIED ACCURATE BY j , "':� DATE ! ,.� „f•' COUN / • DATE �� °� ° 4 O UNCILMAN ' ATTEST: / C I T Y C' L E K M 0 R • Ili • • •