HomeMy WebLinkAbout05/04/1960 Business Meetingr
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MAY 4, 41960
The City Council met in regular session, Mayor Bostic, Councilmen Barber, Burns, Coombs, Larson,
Oliver and Robinson, City Manager Allison and City'Attorney Arntson present on roll call.
Invocation was given by.Councilman
Minutes of the regular meeting of
Coombs.
April 27, 1960, were approved as read.
In accordance with action taken by the City Council at their regular meeting of April 20, 1960,
it was MOVED by Burns, seconded by Oliver that Ordinance No. 112 accepting the recommendation of
the Planning Commission and providing for the rezone of certain property situated between Broadway
and 4th Avenue as requested on Petition No. 33, filed by M. P. Yoerger and others, be passed as
read: carried, Barber, Bostic, Purns, Coombs, Larson, Oliver and Robinson voting aye on roll call
ORDINANCE NO. 112, AN ORDINANCE accepting the recorr_mendation of the Planning. Commission for the
rezone of certain property located between South 3rd Avenue and South 4th Avenue.
A petition, being Petition No. 44, having been duly filed May 1, 1960, by Wayne Schoonover and
others, requesting the formation of a local improvement district for the paving of the alley
between South 18th Avenue and South 19th Avenue from Bonnie Doone to Lombard Lane, it was MOVED
by Oliver, seconded by Larson that said petiti.on be referred to the City Manager for action:
carried, Barber, Bostic, Burns, Coombs, Larson, Oliver and Robinson voting aye by voice vote.
An ordinance appropriating $100,000.00(- from the unappropriated moneys of the City of Yakima to
the Street Department having been prepared for consideration at this meeting in accordance with
action preparatory to repairing streets taken by the City Council at a regular meeting on April
27, 1960, it was MOVED by Coombs, seconded by Burns that said ordinance be postponed until the
regular meeting of May'18, 1960: carried, Barber, Bostic, Burns, Coombs, Larson, Oliver and
Robinson voting aye by voice vote.
A petition, being Petition No. 45, having been duly filed May 4, 1960 by Starliter Inc., request-
ing an easement vacation of certain property west of Custer Avenue between Brown Avenue and
Folsom Avenue and the City Manager reporting that the City Engineer has found that the existing
sewer is not in use in this area and that a new manhole will have to be built at the point where
the sewer pipe is accessable at the east end of the proposed vacation and the City Manager recom-
mending the vacation of said property, it was MOVED by Barber, seconded by Coombs, that
Resolution No. D -134 fixing the time for hearing on said petition at the hour of 3:00 o'clock
P.M. on the 25th day of May, 1960, be passed as read: carried, Barber, Bostic, Burns,.Coombs,
Larson, and Oliver voting aye:_ -orr roll call. Robinson not voting.
RESOLUTION NO. D -134, BEFORE THE CITY COUNCIL OF THE CITY OF YAKIMA, STATE OF WASHINGTON
IN THE MATTER OF THE VACATION OF )
a perpetual easement in favor of the )
City of Yakima, Washington for the )
purpose of laying, operating and )
maintaining a sewer pipe line upon )
the following described property, to- )
wit: The East 5 feet of the West 80 )
feet of the North 150 feet of Lot 10, )
Cottage Hill Addition; and the North
10 feet of the South 155 feet of the )
East 189 feet of Lot 10, Cottage Hill )
Addition; and the West 50 feet of the ;)
North 10 feet of the South 155 feet )
of Lot 55 in Ker's Villa Lots, all )
within the City of Yakima, Washington. )
perpetual easement..
RESOLUTION NO. D -134
A RESOLUTION fixing the time for hearing on petition for vacation of a
WHEREAS, Starliter; Inc., a corporation, is the owner of the following
described real property situated in the City of Yakirm , Yakima County, Washington, to -wit;
PARCEL A: Lot 10, Cottage Hill Addition, according to the plat
thereof recorded in Volume "A" of Plats, page 80, records of
Yakima,County, Washington, EXCEPT that portion thereof described as
follows:
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Beginni..ng at the Southwest corner of said Lot 10; thence South 88 42130"
East along the South line thereof 117.3 fee8 to the East base of a brick
and concrete retaining wall; thence North 1 00' West 40 feet along the
base of said wall; thence North 20005' West 101.3 feet along the base of
said wall; thence North 58047' West 35.1 feet 'to the end of said wall;
thence North 78032'40" West 42.98 feet to the West line of said Lot 10;
thence South along said West line 184 feet to the point of beginning.
Parcel B: Lot 55, of Ker's Villa Lots, according to the plat thereof
recorded in Volume "A" of Plats, Page 37, records of Yakima County,
Washington, EXCEPT the West 40 feet of the East 80 feet of the North
150 feet thereof, and EXCEPT the East 240 feet of the South 150 feet
thereof.
PARCEL C: The West 50 feet of the East 240 feet of the South 150 feet
of Lot 55 of Ker's Villa Lots, according to the.plat thereof recorded
in Volume "A" of Plats, page 37, records of Yakima County, Washington.
CD
and,
WHEREAS, a perpetual easement exists in favor of the City of Yakima,
Washington for the purpose of laying, operating and maintaining a sewer pipe line upon the follow-
ing described portion of said property, to -wit:
The East 5 feet of the West 80 feet of the North 150 feet of Lot 10,
Cottage Hill Addition; and the North 10 feet of the South 155 feet
of the East 189 feet of Lot 10, Cottage Hill Addition; and the West
50 feet of the North 10 feet of the South 155 feet of Lot 55 in Ker's
Villa Lots, all within the City of Yakima, Washington.
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MAY 4, 1960
and,
WHEREAS, although a pipe - has-been constructed and exists upon a portion
of the above described easement, the same is not in use and it is not foreseeable that the same
ever will be used, or that the City of Yakima will in any wise require the use of either the
said sewer pipe line or the said easement, and
WHEREAS, a time should be fixed for hearing on said petition of Starliter,
Inc., for said vacation, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
That said petition shall be brought on jor hearing and determination on
Wednesday,the 25th day of May,.1960, at the hour of 3:00 o'clock in the afternoon on said day
at the office of the City Council of the City of Yakima, at the City Hall in Yakima, Yakima
County, Washington, or as soon thereafter as the same may be heard, and that notice of such hear-
ing be given as provided by law.
ATTEST: J. A. SMITH
City Clerk
ADOPTED BY THE CITY COUNCIL this 4th day of May, 1960.
(S E A L)
THOMAS C. BOSTIC
Mayor
Moved by Burns, seconded by Barber that Ordinance No. 113 repealing Section 2 of Ordira nce No.
B -1523 providing for the regulation and disposition of garbage and refuse, be passed as .read:
carried, Barber, Bostic, Burns, Coombs, Larson, Oliver and Robinson voting aye on roll call.
ORDINANCE NO. 1130 AN ORDINANCE relating to public health and sanitation; providing for the
regulation and disposition of accumulations of garbage and refuse and the abatement thereof -;
imposing liens for the abatement thereof; repealing Section 2 of Ordinance No. B -1523 and all
other ordinances or parts of ordinances -in conflict herewith and declaring an emergency.
The following investment report having been submitted by.the City Treasurer was read by the
Clerk of the Council:
April 30, 1960
City Manager
Yakima, Washington
Dear Sir:
The following investments were purchased - during the month of April:
Cemetery Trust
Yakima L.I.D. #878 - Bond-s 1 27 $13,006.28
Yakima L.I.D. #879 - Bonds 3052 9600.00
L.I.Guaranty
Yakima L.I.D.. #879 - Bonds 112 924.63
A. E. Larson Library Trust
Yakima L.I.D. #879 - Bonds _3/13 5,500.00
Total investments purchased during the month of.April
The following investments were sold during the month of April:
Cemetery Trust
Yakima
L.I.D-
#664
- Bonds 284/288
Yakima
L.I.D.
#678
- Bond 22
Yakima
L.I.D.
#689
- Bonds 38/39
Yakima
L.I.D.
#717
- Bond 14
Yakima
L.I.D.
#737
- Bonds 75/79
Yakima
L.I.D.
#795
- Bonds 11112
Yakima
L.I.D.
#878
- Warrants 1/4
Yakima
L.I.D.
#879
- Warrant 1
Firemen's Relief & Pension
Yakima L.I.D. #837 - Bonds 12115
Yakima L.I.D. #879 - Warrants 2/4
A. E. Larson Library Trust
Yakima L.I.D. #766 - Bonds 9/10
2,500.00
400.00
1,000.00
10'0.00
2,500.00
600.00,
12,646.04
3- ,915.20
2,000.00
30,853.82
200.00
$22,506.28
924.63
5-,500.00
$28,930.91
23,661.24
32,853.82
200.00
Policemen's Relief & Pension
Yakima L.I.D. #760 - Bonds 25/26 11000.00 1,000.00
Total investments sold during the month of April: $57,715.06
APPROVED: INVESTMENT COMMITTEE Yours very truly,
E. J. Allison, City Manager Gladys H. Richter
Gladys: -•H :::Richter, City Treasurer City Treasurer
Thomas C. Bostic, Mayor
MOVED by Larson, seconded by Oliver that said report be accepted as read: carried, Barber,
Bostic, Burns, Coombs, Larson, Oliver and Robinson voting aye on roll call.
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MAY 4, 1960
Pursuant to a request made by the City Council at their regular meeting of April 20th, and a
letter having been received from the Greater Yakima Diamond Jubilee, ..Inc. setting.forth their re-
quest for the use of North Second Street from Yakima Avenue to B Street, and East A Street from
North First Street to North Third Street.for Garnival, Concessions and other Jubilee purposes and
the Manager recommending that this request be granted and that all false fronts to be erected be
cleared with the Building Inspector and the Fire Department, it was MOVED by Barber, seconded by
Coombs that this request be granted and City Departments cooperate in every way possible to make
the Jubilee a success: carried, Barber, Bostic, Burns, Coombs, Larson, Oliver and Robinson
voting aye by voice vote.
The City Council wishing to instruct their voting delegates to the Association of Washington
Cities Convention to be held May 11 through the 13th, 1960 and each member of the Council having
received a statement of policy for 1961 legislature as prepared by the Association, it was MOVED
by Coombs, seconded by Larson.that the -City Council approve said statement of policy and that
Councilmen Bostic and Burns,-_as Voting delegates for the City of Yakima, be and are hereby in-
structed to work for the promotion of this policy and the City Manager'be and is hereby instructe
to contact Mr. Chester Biesen of the Association and urp:e that Yakima be represented on the
committees serving said Convention: carried, Barber, Bostic, Burns, Coombs, Larson, Oliver and
Robinson voting aye .by voice vote.
Pursuant to the decision of the Court in the matter of rezoning certain property south of Tieton
Drive between 36th and 38th Avenues as sought by Dr. A. J. Myers, it was MOVED by Robinson,
seconded by Coombs that the City of Yakima do not appeal the case of Myers vs the City of Yakima:
carried, Barber, Bostic, Burns, Coombs, Larson and Robinson voting aye by voice vote. Oliver
voting no. Councilman Oliver made the following statement concerning his vote:
l,"The people in the area did not want the shopping center. 430 did not and 17 did.
2. It was not needed.
I don't believe we are capricious and arbitrary but only doing our honest duty. I.think even
Dr. Meyers would like to have a full test on the issue of rezoning his property and I certainl
feel as if the people of Yakima are entitled to know by the vote of the Supreme Court of the Stat
of Washington, whether our City Planning Code is valid."
Mayor Bostic read the following statement with regard to the vote of the City Counil in this M
matter:
"Members of the Yakima City Council have decided not to appeal the Superior Court decision
in the Tieton Drive and 37th Avenue rezonematter to the Supreme Court of the State of
Washington. This decision was reached after lengthy deliberation of the legal consideration
involved.
It will be remembered that Judge Ennis ruled on four points of law:
1. That Dr. A. J. Myers had gained a vested right through the county building permit
which he held.
2. That work performed also gave a vested right.
3. That Section 306 of the zoning Ordinance, having to do with the automatic classifica-
tion of land annexed'to the city as R -1 Residential, is invalid.
4. That the Council was arbitrary and capricious in its action.
The Council is extremely desirous of proving the validity of Section 306. However, the
Supreme Cour�has a record of reversing only about one -third of the cases presented to it.,
In addition, it has been learned that the Supreme, Court could rule on any one of the four
issues. By upholding the lower court decision in any one of the four, it would have the
effect of affirming the lower court's judgment against the city. It is, therefore, felt
by the Council that this particular- action is far from an ideal one in which to test the
validity of the specific portion of the Zoning Ordinance pertaining to the annexation
procedure.
For this reason, it is the Councilts judgment that the decision rendered by Judge Ennis will
not be appealed to the Supreme Court. This decision in no way indicates a change of the o
original thinking of the Council that the site in question is not the place for the establis
ment of a ten -acre shopping center. The decision was readhed completely on the basis of the
legal implications involved.rr
Manager Allison reported on the construction of the water wells, the repairs needed at the Airpor
on the Administration Building roof, and the Sewage Disposal lateral drain which i -s plugged. No
formal action was taken on these matters.
Manager Allison also reported that the Police Department had been awarded the Walker,Saf.ety Award
for reducing traffic accidents. MOVED by Burns, seconded by Oliver that the Police Department be
commended for the winning of said award: carried, Barber, Bostic, Burns, Coombs, Larson, Oliver
and Robinson voting aye by voice vote.
There being no further busiress to come before the Council, it was MOVED by Barber, seconded by
Oliver that we do now adjourn at the hour of 4:40 o'clock P.M.: carried, Barber, Bostic, B1?.rns,
Coombs, Larson, Oliver and Robinson voting aye on roll call.
ATTEST:
M A Y O R
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