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HomeMy WebLinkAbout07/15/1959 Business MeetingX536 J JULY 15, 1959 The City Council met in regular session, Mayor Bostic, Councilmen Barber, Burns, Coombs Larson and Robinson, City Manager Allison and City Attorney Arntson, present on roll ca Councilman Oliver absent. Invocation was given by Councilman Larson. The minutes of the regular meeting of July 8, 1959 were approved as corrected. A regular hearing having been held July 1, 1959 on Resolution. No. C -1698 providing for the improvement of certain property by the construction of sidewalks and there being considerable protest to said improvement and the City Manager now reporting that the tabulation of protests received shows that 60.3/ of the total assessments have been file and since the protests exceed 60%, it is mandatory that-the district not be created, it was MOVED by Burns, seconded by Coombs that the City-Council concur with the City Manager in this matter and the ordinance creating a local improvement district be re- jected: carried, Bostic, Barber, Burns, Coombs, Larson and Robinson voting aye by voice vote. Oliver absent. A regular hearing having been held July 1, 1959 on Resolution No. C -169i� providing for the'.construction of curb and gutters in the same area covered by the sidewalk improvemen provided for in Resolution No. C -1698 and the City Manager now reporting.that 19.9% pro- tests have been filed against this improvement and recommending that this district not be created since this improvement was initiated to give those properties where sidewalks were to be installed and curb and gutters do not exist, an opportunity to have the curbs installed in conjunction with the sidewalks and the Council has been divested of authori by protest on the sidewalk district, it was MOVED by Larson, seconded by Robinson that the City Council concur with the Manager ►s recommendation and the ordinance creating a local improvement district be rejected: carried, Bostic, Barber, Burns, Coombs, Larson and Robinson voting aye by voice vote. Oliver absent. Petition No. L.E. praying for the.annexation of certain property located between 34th Avenue and 40th Avenue and Englewood and Lincoln Avenue, having been duly filed by A. R. Kern and others on July 2, 1959, the order fixing the date of hearing was read by the Clerk of the Council. Mr. George Clark, Attorney for Mr. Lester Shaw challenged the vallidity of said petition on the basis that only husbands as owners of community property have signed the petition and therefore the owners of 75% of the assessed valua- tion had not signed the petition. Cit Attornam Wtion ruled that the husband is the manager of community property �a ida��i�r onr� can afoPthe wife in this matter and that the petition isr-correct and in order. Mr. Shaw informed the Council that said annexa- tion would divide his property making 1/2 of it inside the City and leaving 112 of it outside and that he had offered the easement necessary for streets in Kerns Addition but that he had no desire to be annexed to the City since part of his property is an or6hard. All persons having; been heard on this matter, it was MOVED by Coombs, seconded by Barber that the order fixing the date of public hearing for the hour of 4 p.m. on Wednesday the 29th day of July be accepted as rdad and the CItyl,_Clerk be and is hereby authorized to give notice of hearing by publication and posting on said property as required by law: carried, Bostic, Barber, :33'nrns, Coombs and Larson voting aye by voice vote. Robinson not voting as he is representing A.R. Kern in this matter. Oliver absent After discussion, it was MOVED by Larson, seconded by Coombs that the City Manager write a letter to the Planning, Commission, asking that they, as a matter of policy, make recommendations on all annexations submitted to the council in the future: carried, Bostic, Barber, Burns, Coorabs, Larson and Robinson voting aye by voice vote .' 'Oliver absent. A hearing having been held on July 1, 1959 and continued to July 8, 1959 on Resolution No. C -1704 providing for the construction of concrete curbs and gutters and sidewalks on the East side of 5th Avenue from Cbe,stnut to Walnut and a revised plan having been worked out for this project, it was MOVED by Burns, seconded by Barber that Ordinance No. 15 providing for said improvement and creating L.I.D. No. 874, be passed as read: carried, Bostic, Barber, Burns, Coombs, Larson and -Robinson voting aye on roll call. Oliver absent. ORDINANCE NO. 15, AN ORDINANCE providing for the improvement of certain property by in- stalling concrete curbs and gutters and concrete sidewalks, establishing a Local Improve- ment District, providing for the method of payment thereof, and creating a special fund. The following letter from the Planning Commission regarding the re -zone of property at 31st Avenue & Tieton Drive was read by the Clerk, to wit: City Council City of Yakima Washington Dear Sirs: July 8, 1959 Re: Re -Zone of property tt 31st Avenue & Tieton Drive As requested in your Resolution No. D -7, the Planning Commission of the City of Yakima has reviewed its action in recommending that the property located at the North- east and Northwest corners of 31st Avenue and Tieton Drive be re- zoned from R -1 and R -3. Residential, to B -1, Modified Business Zone. The Planning, Commission, at a regularly scheduled meeting "July 7, 1959, by a 5 to 1 majority, voted to re- affirm its recommendation that the property be re- zoned. It was felt that we, the Planning Commission, had thoroughly studied the problem, held public hearings, and submitted the recommendation in accordance with good and proper planning policy. We also felt that such a drastic step as reversing a re -zone Ordinance already passed by the City governing body, upon the recommendation of the Planning; Commission, should not be taken except under the most extreme circumstances. The public is entitled to consistency in the matter of re -zone procedure, and should be able to rely upon a re- zone ordinance when passed. 1 r� I I 1 1 JULY 15; 1959 We also wish to bring to your attention the limitations on permitted uses in a B -1 Zone. These limitations require that the exterior design of buildings shall be compatible with developments on adjacent property, parking areas must be sight screened from adjoining residential areas, no lighted signs or advertising signs per - mitted, side and front yards are required to be the same as if zoned residential, and side yards abutting residential zones must be landscaped. Respectfully submitted, Yakima City Planning Commission -by sl Dr. M. D. Weinberg Dr. M.D. Weinberg, lst Vice Chairman (Acting MDW :es Chairman at July 7 meeting) MOVED by Robinson seconded byiCoamb'.sthat said letter be acknowledged and filed: carried Bostic, Coombs, Larson and Robinson voting aye by voice vote. Barber and Burns voting nay. Oliver absent. Moved by Barber, seconded by Larson that Resolution No. D -13 authorizing the payment of $63.20 to Joseph R. Franck for damages, to his automobile as a result of the collapse of the street on South 18th Avenue between Grant Street and Greenway Avenue, be passed as read: carried, Bostic, Barber, Burns, Coombs, Larson and Robinson voting aye by.voice vote.- Oliver absent. RESOLUTION NO. D -13, A RESOLUTION authorizing the payment of the sum of $63.20 to Joseph R. Franck. _ WHEREAS, on April 20, 1959 the street on South 18th Avenue between Grant Street and Greenway Avenue collapsed under the weight of an automobile being driven by Joseph R. Franck, without the fault of the said Joseph R. Franck, and WHEREAS, the said Joseph R. Franck has within the time specified by law and the City Charter duly made proper -'claim against the City for damages to his automobile as a result of said roadway collapse, and WHEREAS, the City. Council finds that the sum of $63.20 is a reason- able sum to be paid to the said Joseph R. Lranck for such damage and it is in the best interests of the people of the City of Yakima to make such payment, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:. That the Director of Finance of the City of Yakima is hereby authorized and directed to pay the sum of $63.20 to Joseph R. Franck upon the execution by him of a duly executed .release releasing the City of Yakima from any and all liability as a result of said occurrence. ADOPTED BY THE CITY COUNCIL, signed, and approved this 15th day of July, 1959. ATTEST: J. A. SMITH (S E A L) THOMAS C. FO STIC Clerk of the Council Mayor A petition, being petition No. 1, having been duly filed June 5, 1959, by W. H. Martin and others,petitioning for the organization of a local improvement district for the con- struction of a sanitary sewer to serve Corpron Addition, it was MOVED by Robinson, seconded by Burns that Resolution No. D -14 being a resolution of intention to improve certain lot's and-:.blocks in Corpron Hillside Addition by,constructing a pipe sewer and fixing the date of hearing at the hour of 4:00 o 1 clock on Wednesday the 5th day of August, 1959, be passed as read: carried, Bostic, Barber, Burns, Coombs, Larson and Robinson voting aye by Voice vote. Oliver absent. RESOLUTION NO. D -142 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIM: That it is its intention to improve the property within the follow - ing.described district by constructing a pipe sewer with the necessary wy branches and manholes; all of said improvement to be constructed in full accordance with the plans and specifications to be prepared by the office of the City Engineer and filed with the City Clerk. The district to be served by and specially benefited by and assess- ed for the above - described improvement is situate in the City of Yakima, Yakima County, Washington, and described as follows: 1. Lots 1 through 7, Elock"l, Corpron Hillside Addition 2. Lots 1 through 6, Block 2, Corpron Hillside Addition All persons who may desire to object to said proposed improvement are hereby notified to appear and present such objection, if any, at a meeting of the City Council to be held at its office in the City Hall in the City of Yakima, Yakima County, Washington, at the hour of l _:00 - o l clock on Wednesday, the 5th day of August, 1959 ;: which time and place are hereby fixed for the hearing of all matters relating to said proposed improvement or objections thereto, and for determining the method of pay- ment for said improvement; and the City Clerk is hereby directed to give due notice of said hearing and of the intention to make the aforesaid improvements. All costs and expenses in connection with the construction of said improvement, including the engineering, inspection, advertising, publication of notices, and all other expenses incident thereto, shall be levied and assessed against the above- described property. The City Engineer is hereby directed to submit to the City Council at or prior to the date herein fixed for said hearing, all of the data and other infor- mation required by law to be by him submitted. i JULY 15, 1959 That said assessment shall be made according to special benefits derived from the improvement without regard to the zone and termini method; ADOPTED BY THE CITY COUNCIL this 15th day of July, 1959. ATTEST: J. A. Smith (S E A L) THOMAS C. BOSTIC Clerk of the Council Mayor A petition', being'-petitiori No.,;,3;, �havin -'been �filed'.Jund 5; 195,9, ^ by .-.Pat Marshall and. othei ss " ""etitioning' forr the- organization of y.a.•local`improuement district f.or the .stV facin and construction of'- di)rbs °and ,gutters on West..Pierce Street_. and _ other.. streets and-- avenues it vds' MOVED by, Barber- `seconded by'- Burn *s_tt- iat:'Resoluti.Qn ­No :-D- 15.providing,for'.said..im- proverrient and fiXiMg the - date' for hearing at the hour of 4:00 o 1 clock on Wednesday the 5t day of August, 1959, be passed as read: carried, Bostic, Barber, Burns, Coombs, Larson and Robinson voting aye by voice vote. Oliver absent. RESOLUTION NO. D -15, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY�OF YAKIM: That it is its intention to improve the followirE streets by gradin ballasting, surfacing with asphaltic concrete and constructing concrete curbs and gutters together with necessary drainage features: 1. N2 of West Pierce Street from South 16th Avenue to South 14th Ave., 2. S2- of King Street from South 15th Avenue to South 14th Avenue, 3. South 15th Avenue from King Street to West Pierce Street, 4. West � off South 14th Avenue from King Street to West Pierce Street, 5. North 37th Avenue from Lincoln Avenue to a point 486 feet more or less South thereof. Said proposed district is to embrace all property adjacent to the above improvements which is subject to assessment for the cost of said improvements as provided by the laws of the State of Washington. All persons who may desire to be heard with reference to said pro- posed improvements are hereby notified to appear at a meeting of the City Council to be held at its office in .the City Hall in the 'City of Yakima, Yakima County, Washington at the hour of 4 o1clock P.M. on Wednesday the 5th day of August, 1959, which time and place are hereby fixed for the hearing of all matters relating to said improvements, and for determining the method of payment for said improvements; and the City Clerk is hereby directed to give due notice of said hearing and of the intention to make the aforesaid improvements. All costs and expenses in connection with the construction of said improvements, including the engineering, inspection, advertising, publication of notices, and all other expenses incident thereto, shall be levied and assessed against all of the property legally and properly assessable therfor as provided by the laws and as above described. The City Engineer is hereby directed to submit to the City Council at or prio to the date fixed herein by law to be by him submitted; all of said improvements to be constructed in full accordance with the plans and specifications to be prepared by the City Engineer ,and filed with the City Clerk. ADOPTED BY THE CITY COUNCIL this 15th day of July, 1959, ATTEST: J. A. SMITH (S E A L) THOMAS C. BOSTIC Clerk of the Council Mayor An ordinance appropriating the sum of $300.00 in the Current Expense Fund for the payment of refunds and damage claims against the City of Yakima, was read in its entirety by the Clerk and ordered laid on the table for one week. Mayor Bostic, Councilman Burns,cCity'- Manager Allison and any staff member chosen by Manager Allison were designated to attend the Regional Meeting of 1st Class Cities in Seattle, Washington on August 12, 1959. Ther being no further business to come before the Coun6il_., Mayor Bostic declared the meeting adjourned at the hour of 6:40 P.M. ATTEST: ze ARK of the COUNCIL M A Y O R