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HomeMy WebLinkAbout04/15/1959 Business Meeting48.3 APRIL 15, 1959 The City Commission met in regular session, Mayor Alderson, Commissioners Wine and Mathews and City Attorney Arntson,, present on roll call. The minutes of the regular meeting of April 8, 1959 were approved as read: On March 11, 1959, the Superintendent of Public Works was granted permission,by Commission action, to acquire the necessary materials and install a Median Strip Barrier Curb on South 5th Avenue between Chestnut and Walnut Street, work to be done by the Street Department and be of such design and extent as to prevent hazardous practices of making illegal left turns in the middle of the block. A group of businessmen of this area now having filed a petition of protest with the City Commission and appearing in person to protest this action, stating that the island is directing customers away from their business and creating other hazzards in the alleys and on private property,and the head of the Traffic in_the Police Department giving a.resume of accidents which have taken place in the area, it was suggested by both Mayor Alderson and Corlmissioner Mathews that this group select a committee from the.'business people interested and meet with the .Traffic Board to study this problem further. A petition having been duly filed by Cahalan Investment Company and the Yakima Community Hotel, Inc., praying for the vacation of the east -west -alley behind the Chinook Hotel for the purpose of making additions and improvements to said hotel, and a hearing having been held on the 18th day of February, 1959 and continued on March 11, 1959, this matte was again brought on for further hearing and the City Clerk directed to read the ordinance providing for said vacation as corrected adding "Section 2 ". Commissioner Wine stated that he had made a thorough study of the problem and asked that the follow - ing two letters be read by the Clerk and made a part of these minutes. DEPARTMENTAL CORRESPONDENCE Date April 13, 1959 Vacation of alley and building annex to Hotel Chinook To Bernard Wine, Finance Commissioner From W. K. Moore, Fire If the alley to south to south. of Chinook Hotel is to be ' vacated and an annex built on that property and property adjacent it is my considered opinion that three things must be assured. 1. That adequate means of egress from present fire escape must'be provided. 2. That basement area and all of that portion of new building that is not protected by proper fire separation be protected by auto- matic sprinklers. This must be done to assure egress from present central stairway. 3. A new fire hydrant to be placed at Ea.st end of alley and - Naches• Avenue. and HOTEL CHINOOK Yakima, Washington April 14, 1959 Yakiirn City Commission City Hall Yakima, Washington. Gentlemen: If our request to vacate that portion of the alley south of the Hotel Chinook is granted, we will be very happy to comply with the following conditions in the expansion of the hotel: 1. Any expansion of public areas, such as the dining room or lobby, will be ei L her sprinkled or separated from existing facilities by fire doors. 1 2. We will pay $b250.00 to the city for the installation of a fire hydrant at the Naches Avenue end of the alley. 3. If. we build across the alley, a stairway will be installed to provide an exit from the fire escape and from the banquet room. 4. All new basement areas will be provided with sprinklers. Yours truly, Yakima Community Hotel sl James D. Bronson James D. Bronson President The Fire Chief declared the letter from the Yakima Community Hotel to be adequuate assurance that full fire protection would be available in the new improvements and additions to the hotel. The Police Chief verified that the traffic in this alley would then move in the same direction as in other alleys in this vicinity which would be an advantage. Commissioner Mathews continued to maintain that a policy should be estab- lished by the Commission regarding vacation of alleys and streets in the down town area before this vacation be granted and read part of a resolution supporting his claim. Parties representing the Hotel, protested holding up action on the vacation of this alley until general rules could be worked out. MOVED by Wine, seconded by Alderson that Ordinance No. B -2276 providing for the vacation of the west 14Q feet of the east- west alley in Block 91. Town of North Yakima (now Yakima) be passed as corrected and read by the City Clerk: carried, Alderson and Wine voting aye on roll call. Mathews declining to vote. Fr.- 84. APRIL 15, 1959 ORDINANCE NO. B -2276, AN ORDINANCE providing for the vacation of that certain alley described as follows, to -wit: the west 140 feet of the east -west alley in Block 91, Town of North Yakima (now Yakima) according to the plat thereof recorded in Volume "A" of Plats., page 10 and re- .recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington. / Moved by Mathews, seconded by Wine that Resolution No. C -1676 providing that the Public Works Commissioner be authorized to attend the Water Works meeting to be held in Vancouver, B. C. April 22 through. 24, 1959 and that he make a report to the Commission on information obtained with regard to water wells, carried, Alderson, Wine and Mathews voting aye on roll call. RESOLU'T'ION NO. C -1676, WHEREAS, the City of Yakima is currently providing for an additional water supply through well development, and WHEREAS, the `'ity of Yakima wishes to take advantage of recent technological developments in well development, THEREFORE BE IT RESOLVED BY THE CITY CO11-M'ISSION OF THE CITY OF YAKIMA: That the Public Works Commission.er is authorized to attend the Water Works Meeting to be held in Vancouver, B.C., April, 22, 24; 3.959, and that a re- port be made to the City Commission. on his findings at the meeting. ADOPTED BY THE CITY COMMISSION, this 15th day of April, 1959; ATTEST: J. A. SMITH (S E A L) JOE K. ALDERSON CITY CLERK MAYOR E. BERNARD WINE L. MATHEWS Moved by Wine, seconded by Mathews that Resolution No. C -16 ?7 providing for specific transfers within the 1959 budget of the Water -sewer Fund, be passed as read: carried, Alderson, Wine and Mathews voting aye on roll call. RESOLUTION .NO. C -1677, A RESOLUTION providing for the transfer of funds within the 1959 appropriation of the `slater -Sewer Fund, City of Yakima Water Department. WHEREAS, shortages exist in the Small Tools & Supplies account G94b and in the Building and Grounds (Sewer) account 07s, both accounts being within the Maintenance and Operation classification of the Water-Sewer appropriation in the 1959 Budget, and WHEREAS, the City Commission deems it in the best interests of the City to make the transfers provided herein, and the action contemplated is author- ized by R.C.W. 35.33.120, now, therefore, BE IT RESOLVED =Y T L. CITY OF YAKIMA: Section 1. That the sum of $1,5 -D0.00 be and the same hereby is transferred from the Repair Building, Fixtures & Grounds account G94d to the Small Tools & Supplies account G94b; all of said accounts being within the Mai ntenance and Operation classification of the Water -Sewer appropriation in the 1959 Budget. Section 2. I'hat the sum of $3,000.00 be and the same hereby is transferred from the Sewer Disposal System account Mlos to the Buildings and Grounds account 07s; all of said accounts being within the Maintenance and Operation classifica- tion of the Water -Sewer appropriation in the 1959 budget. Section 3. The Chief City Accountant is hereby authorized and directed to make the aforementioned transfers herein provided for. day of April, 1959. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COMMISSION, signed and approved this 15th (S E A L) JOE K. ALDERSO N Mayor ,'loved by Mathews, seconded by Wine that Ordinance No. B -2.277 providing for the transfer- ring of x$31.00 from the Water Revenue Bond Redemption Fund to the Water -Sewer Fund and terminating; the Water Revenue Bond Redemption Fun -d, be passed as read: carried, Alderson Wine and Mathews voting aye on roll call. ORDINANCE NO. B -2277, AN ORDINANCE transferring the sum of ;p31.00 from the Water Revenue Bond Redemption Fund to the Water -Sewer Fund and terminating; the Water Revenue Bond Redemption Fund. Moved by W'ne, seconded by Mathews that Ordinance's ?o.`B -2278 providing for the rezoning of property described as Lots 7 & 8, Block 4, Town of North Yakima and located at 614 and 616 North lst Street, from B -2 Local Business zone to M -1, Light Industrial Zone, be passed as read: carried, Alderson, ?mine and Mathews voting aye on roll call. ORDINANCE INTO. B -2278, AN ORDINANCE rezoning certain specific property situate in the City of Yakirria, County of Yakima, Washington. Moved by Mathews, seconded by Wine that Resolution No. C -1678 providing for the registra- tion of warrants drawn on the Street Department fund, when said fund becomes overdrawn, be passed as read: carried, Alderson, Wine and T`Iathews voting aye on roll call. RESOLIiTIO "? NO. C -1678, A RESOLUTION Providing for the registration of warrants drawn on the Street Department Fund of the City of Yakima. WHEREAS, the Street Department Fund of the City of Yakima will be overdrawn if all payments against it are made Ord there are not now available any other funds of the City of Yakima to loan to the Street Department Fund for the payment I] i I 1 1 1 1 1 APRIL 15, 1959 of warrants drawn. on said fund for necessary city expenses, now, therefore, BE IT RESOLVED BY THE CITY COMMISSION ' OF THE CITY OF YAKIMA: Section 1. That warrants issued by the City of Yakima drawn on the City Street Department Fund of the "ity of Yakima when the said fund becomes overdrawn be registered warrants and be marked "Not Paid for Want of Funds" at the.time of such endorsement over the signature of the Treasurer, and that the issuance of such registered warrants be continued until such registered warrants already issued shall have been redeemed and there be on hand in said City Street Department Fund sufficient monies to pay warrants drawn,on said fund as issued. Section 2. That said warrants shall draw interest at not to exceed 4% per annum from and after date of presentation, and -that said interest rate appear on the face of said warrants, and Section 3. That said warrants shall be redeemed and paid according to their number, date and issue. Section 1�. That the Treasurer of the City call said warrants in the manner provided by law. ADOPTED PY THE CI` Y COMMISSION, signed and approved this 15th day of April, 1959. ATTEST: J. A. SMITH X City-Clerk (S E A L) JOE K. AL DER SO N Mayor Moved by Alderson, seconded by Wine that we do now adjourn to meet again at the hour of 2 otclock p.m. on this same day, carried, Alderson, Wine and Mathews voting aye on roll call. ADJOURNED MEETING, WEDNESDAY, APRIL 15, 1959, 2 O1CLOCK P.M. Matr The City Commission met pursuant to adjournment, Mayor Alderson, Commissioners Wine and and City Attorney Arntson, present on roll call. The Planning Commission recommending certain. amendments to the zoning code to zone rural areas being annexed to the City of Yakima, it was MOVED by Mathews, seconded by Wine that Ordinance No. B -2279 adding certain articles and paragraphs and amending Ordinance No. B- 2095known as the Zoning Code, be passed as read: carried, Alderson, Wine and Mathews voting aye on roll call. ORDINANCE NO. B- 22.79, AEI ORDINANCE adding Article 6.5; and paragraphs 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 of Section 800; paragraphs 17, 18, 19, 20, 21 and 22 of Section 900; and paragraphs 10 and 11 of Section 1300 of Ordinance No. B -2095 entitled "An Ordinance establishing zones in the City of Yakima; regulating and limiting the use of buildings and land; establishing use, height, area, and off- street parking regulations; providing for yards, courts and other open. spaces; providing for the adop- tion of maps showing the boundaries of said zones; providing for a Board of Adjustment; providing for the administration. and enforcement of this Ordinance, anal* fixing penaltie: for the violation of its provisions; repealing Ordinances numbered B -22, B -35, B -43, B -51, B -71, B -126, B -147, B -172, and B -293, and all amendments thereto, and all other Ordinances an'd parts of Ordinances in 'conflict herewith; and declaring an emergency." Moved by Wine, seconded by Mathews that Ordinance No. B -2280 amending the Water Code or Ordinance No. B -606 reducing the rate charged for water to the Metropolitan Park District, Regional Library and other public agency which received all.or part of its revenue from the City of Yakima, be passed as read: carried, Alderson_, Wine and Mathews voting aye on roll call. ORDINANCE NO. B -2280, AN ORDINANCE amending Section 40 of Ordinance No. B -606 of the City of Yakima entitled "AN ORDINANCE relating to and regulating the operation, of the Water Department of the City of Yakima; providing for the management and control there- of; providing for rules regulating and fixing the use and price of water supplied by the City and connections therewith; amending and rewriting Ordinance A -988 as amended; pro- viding penalties for the violation thereof; repealing certain ordinances and declaring an emergency." A letter, received from Yakima Asphalt Paving Company, offering lower prices on Asphaltic Concrete Mix and MC -2 Cold Mix '.than the City is now paying as a result of call for bids in January, 1959, having been referred to the City Attorney requesting his opinion with respect to the contract between the City of Yakima and De Atley Paving & Crushing Company dated January 28, 1959 in referrence to this•offer of lower prices, the City Attorney reported as follows: (excerpt of letter to Purchasing Agent) "The proposal by De Atley and the acceptance by the City constitute a binding agreement. Both parties are bound by the agreement and neither may vitiate or change the import of the contract without the consent of the other. The City may not cancel the De Atley contract merely because a prior unsuccess- ful bidder has decided to submit a lower price. Should De Atley, however, wish to perform under the contract for a lower price, then the contract may be amended by mutual agreement. MOVED by Mathews, seconded by Wine that the City Clerk be and is hereby directed to anvswer the letter of Yakima Asphalt & Paving Company advising them of the City Attorney, opinion and also give the salve information to De Atley Paving &: Crushing Company: carried, Alderson, Wine and Mathews voting aye on roll call. Moved by Mathews, seconded by Wine that Resolution. No. C -1679 authorizing the Mayor and the City Clerk to execute a memorandum of agreement between the City of Yakima and Mr. Chester Hollenbeck,for the operation of an automobile rental business at the Yakima Municipal Airport, be passed as read: carried, Alderson, Wine and.Mathews voting aye on roll call. RESOLUTION NO. C- 1679, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the Mayor and City Clerk are hereby authorized and 485:. sws APRIL 15, 1959 directed to execute on behalf of said City memorandum of agreement between said lCity of Yakima and Chet Hollenbeck for the operation of an automobile rental business at the Yakima Municipal Airport for a period of four months commencing April 15, 1959, in- cluding the right to use three parking spaces or stalls near the terminal building parking lot at said airport, the exact location thereof to be designated by the City Airport Manager, in consideration of the payment to said City of the minimum sum of x'35• per month, payable monthly in advance on or before the 15th day of each month commenc- ing April 15, 1959, during_ this term of said agreement, plus 10% of the car gross rental revenue in excess of $500.00 per month at said Yakima Municipal Airport, in accordance with the terms and provisions of said agreement, copy of which is attached hereto. ADOPTED BY THE CITY COM9JIISSION this 15th day of April, 1959. ATTEST: J. A. SMITH (S E A L) JOE K. AL.DERSON City Clerk Mayor Resolution No. C -1604 authorizing the sale of specific Cemetery property to the Federal Government for a Naval Reserve Center for the sum of $10,000.00 having been passed by the unanimous vote of the City Commission on July 2, 1958; it was MOVED by Alderson, seconded by Wine that the City Attorney be and is hereby instructed. to prepare the necessary resolution for receipt of this money by the City of Yakima, carried, Alderson and Wine voting aye on roll call. Mathews voting nay, holding that it was the intentio of the City Commission to receive $10,000.00 gross for the property and all assessments to be paid in addition to this amount. City Attorney presenting and explaining a damage claim duly filed with him by Jean Penner, damage claim arising from the flooding of a baseriient, and the City attorney stating that the claim was a justifiable one but he believed the amount of damages claimed was to high, it was agreed that the matter should be turned over to Commissioner Mathews for investigation and recommendation. Moved by Alderson, seconded by Mathews that we do now adjourn to meet at the hour of 2 o'clock p.m. on Thursday, April 16, 1959, for the hearing on the raising of the overhead ice conveyor which crosses "C" Street at the Northern Pacific Railroad track; carried, Alderson, Wine and Mathews voting aye on roll call. ADJOURNED MEETING, APRIL 16, 1959, 2 O'CLOCK. P.M. The City Commission met pursuant to adjournment, Mayor Alderson, Commissioner Wine and Mathews and City Attorney Arntson present on roll call. Written notice of hearing at this time and on this date having been given to Mr -. Jim Smith, Secretary Treasurer of Yakima Valley Chapter Washington Motor Transport Assn., Mr. Roy Matson, J. M. .Peery Ice and Storage Company, and Mr. Fred Wehde c//o Teamster s Union #52LL, representatives of each group were present.for the purpose of considering the .raising of the over -head ice conveyor owned and operated by the J. M. Perry Ice and Storage Company as recommended by the Traffic Board. Representatives of J. M. Perry Company contended that "B" Street and "D" Street should be used by truck traffic and that raising the conveyor would create a problem in icing cars and the cost would be prohibitive. Representatives of the Transport .Association related instances of damages to trucks attemptir47 to travel under the conveyor. It was suggested by the City Commission that a committee from J. M. Perry Company and the Yakima Valley Chapter Washington Transport Association meet with the Traffic Board and action be deferred until_ the next regular meeting; of the City Corruaission on April 22, 1959 at the hour of 10 o'clock, a.m. Moved by Mathews, seconded by Wine that Resolution No. C -1680 setting -forth a state- ment of policy t,iith respect to vacation of.' streets and alleys within the City of Yakima, be passed as read: carried, Alderson, Wine and N12thews voting aye on roll call, RESOLU`T'ION NO. C -1680, A .RESOLUTIal`i SE TTI'7G FOR.TIi A STATEiPIE -NT OI, POLICY WITH RESPLCT TO VACATION ON STREETS AND ALLEYS WITHIN THE CITY OF YAKIr .,iA. WHEREAS, the City of Yakima recognizes the need of vacating certain streets and alleys within the City. However, the City of Yakima also recognize: its responsibility to the citizens of the City to insure that the future vacation of streets and alleys will be guided by policies designed to protect the interests of the entire community; and WHEREAS, in order to encourage the sound development of the City's business, industrial and commercial areas, the City must take the initial re- sponsibility for promoting and defining the standards and requirements for the future vacation of streets and alleys, now, therefore, (a) That the majority of property owners served by alley or street to be vacated shall consent to said vacation. (b) That adequate provision be made for emergency vehicle access to all structures presently served by street or alley to be vacated. (c) That adequate provision be made for service vehicle access to all structures presently served by street or alley to be vacated. (d) That adequate provision be made for all existing and future overhead and underground utilities Uai_th all costs to provi_d such. provisions to be paid by the petitioner. r 1 I' i Fll� BE IT RESOLVED BY TIC CITY COMMISSION OF THE CITY OF YAKIMA : T--.,at it shall be the policy of the City oft Yakirrna to adhere to certain policies, standards and requirements as prerequisites to vacation of streets and alleys, That the-following general factors sha__1_ govern all street and alley vacations: (a) That the majority of property owners served by alley or street to be vacated shall consent to said vacation. (b) That adequate provision be made for emergency vehicle access to all structures presently served by street or alley to be vacated. (c) That adequate provision be made for service vehicle access to all structures presently served by street or alley to be vacated. (d) That adequate provision be made for all existing and future overhead and underground utilities Uai_th all costs to provi_d such. provisions to be paid by the petitioner. r 1 I' i Fll� 1 1 day of April, 1959. ATTEST: J. A. SMI'TH City Clerk APRIL 15, 1959 (p) That curb parking spaces on the street being vacated be re- placed with at least an equal number of off-street parking spaces, in addition to the number required for any new con- struction by the Zoning Ordinance. (f) That no vacation of a street or alley shall result in a dear end, unless adequate turnaround provisions are provided. (g) That any other condition deemed necessary by the City to make vacation acceptable is a particular case be met. ADOPTED by.the City Commission, signed and approved this 16th ( S E A' L) JOE K. ALDERSON Mayor The following is a motion made by Commissioner Mathews: I would like to make a motion that the Planning Commission be directed to study and hold hearings and prepare the necessary ordinance and other.rnaterial to put that resolution of the policy with respect to vacation of streets and alleys in- to effect in the City of Yakima. They are to start the wheels going so that the City Commission. or City Council may consider." This motion lost for want of a second.. Moved by Wine, seconded by Alderson that Resolution No. C -1681 authorizing the Mayor and the City Clerk to enter into a lease with L. H. Sanford for a portion of land in connection with the sewage treatment plant, be passed as read: carried, Alderson and Wine voting aye on roll call. Mathews not voting. RESOLUTION NO. C -1681, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the Mayor and City Clerk of the City of Yakima be and they hereby are authorized and directed to enter into a lease with L. H. Sanford for a portion of the land owned by the said City in connection with its sewage treatment plant day of April, 1959. ATTEST: J. A . SMITH City Clerk ADOPTED BY THE CITY COMMISSION, signed and approved this 16th (S E A L) JOE K. ALDERSON Mayor Moved by Wine, seconded by Alderson that Resolution No. ,C -1682 authorizing the Mayor and the City Clerk to enter into a lease vi_th Dale C. :Butler for .a portion of land in connection with the sewage treatment plant, be passed as read: carried, Alderson and Wine voting aye on roll call. Mathews not voting. RESOLUTION NO. C -1681, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: That the Mayor and the City Clerk of the City of Yakima be and they hereby are authorized and directed to enter into a lease with Dale C. Butler for a portion of the land owned by the said City in connection with its sewage treatment plant. day of April, 1959, ADOPTED BY THE CITY COMMISSION, signed and approved this 16th ATTEST: J. A. SMITH (S E A L) City Clerk JOE K. ALDERSON Mayor u Moved by Alderson, seconded by Wine that we do nok adjourn to meet again in regular session on Wednesday the 22nd day of April .at the hour of 10 o'clock a.m.: carried, Alderson and Wine voting aye on roll calla Mathews not voting. ATTEST:_ jd /'T Y C L E R K p;Rri Y 0 R 487