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HomeMy WebLinkAbout01/11/1961 Business Meetingr JANUARY; 11, 1961 The City Council met in regular session, Mayor Bostic, Councilmen Barber, Larson, Maxwell, Oliver and Robinson, City Manager Smith and City Attorney Arntson present on roll call. The invocation was given by Councilman Barber. The minutes of the regular meeting of January 4, 1961 were approved as read. This being the time fixed by the City Council for the continuation of the hearing on the appeal from the decision of the Planning Commission as filed by L. F. Sainsbury and others in connectio: with Petition No. 66, Mr. Sainsbury explained that the persons interested in the rezone of property at 801 -807 South 36th Avenue were of modest means and were tryirg-to build up income property and that the building to be-constructed will conform with city building regulations in all respects. Members of the Council having suggested that perhaps building a triplex or quadriplex would be better planning and intimating that the present plans for building on this property would detract from the area, it was MOVED by Barber, seconded by Maxwell that the City Council accept the decision of the Planning Go mission in this matter and the City Attorney be and is hereby instructed to prepare a resolution so stating: carried, Barber, Bostic, Larson Maxwell, Oliver and Robinson voting aye by voice vote., In accordance with action taken by the,City Council at their regular meeting of January 4, 1961s it was MOVED by Larson, seconded by Oliver that Resolution No. D-212 expressing appreciation and commendation-for the services performed by Gilbert W. Burns during his tenure as Councilman for the City of Yakima, be passed as read: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson voting aye on roll call. RESOLUTION N0, D -212, A RESOLUTION of appreciation and commendation for the services performed by Gilbert W. Burns during his tenure as Councilman of the City of Yakima. WHEREAS, Gilbert W. Burns was duly elected in 1959 to the. first City Council of the City of Yakima under the Council -Manager form of government, and WHEREAS, the said Gilbert W. Burns resigned from said office on December 30, 1960, and the City Council finds that the services performed as Councilman by the said Gilbert W. Burns were of great value to the City of Yakima, now, therefore, BE IT RESOLVED FY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Council expresses its sincere appreciation and commends Gilbert W. Burns for the faithful service that he performed for the City of Yakima and all of its citizens during his tenure of office as Councilman of the City of Yakima from June 1, 1959 until December 30, 1960, the date of his resignation. ADOPTED BY THE CITY COUNCIL this 11th day of January, 1961•.. ATTEST: J. A. SMITH (S E A L) THOMAS C. BOSTIC City Clerk Mayor A petition, being Petition No. 68, requesting the vacation of a portion of Lenox Avenue having been filed with the City Clerk on January 4•, 1961 by the•Washington Canners Cooperative, it was MOVED by Maxwell, seconded by Barber that said petition be referred to the City Manager and Planning Commission for study and recommendation: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson voting aye by voice vote.. A petition, being Petition No. 69, praying for the annexation of certain property contiguous to the City Limits and located between North 2nd Street and North 4th Street having been filed with the City Clerk on .January 6, 1961 by Mr. George M..Leadon, it was MOVED by Maxwell, seconded by Oliver that said petition be referred to the City Manager and Planning Commission for study and recommendation: carried, Barber, Bostic, Larson., Maxwell, Oliver and Robinson voting aye by voice vote. A petition, being Petition No. 70, requesting that a local improvement district be organized for the-,purpose of constructing-curb and gutters and surfacing the South Half of Douglas Drive from 42nd Avenue to 44th Avenue having been filed with the City Clerk by Edward W. Baumiller and others on January 11, 1960, it was MOVED by Larson, seconded by Oliver that said petition be re- ferred to the City Manager for study and recommendation: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson voting aye by voice vote. Moved by Robinson, seconded by Barber that Resolution No. D -213 transferring specific funds within the 1961 Budget for Municipal Court, Legal Department, Police Department and Airport, be passed as read: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson voting aye on roll call. RESOLUTION NO. D -213, A RESOLUTION transferring funds within the 1961 appropriations for 03 - Municipal Court, 14 - Legal Department, 21 - Police Department, and 33 - Airport. WHEREAS, at the time of the adoption of the 1961 Budget it was not antici- pated that the Municipal Court, Police Department and Airport would be included within the employees' group medical insurance program, and no funds were provided for the payment of the City's share for said program, and WHEREAS, at the time of the adoption of the 1961 Budget for 14 - Legal Department it was not known nor could have been anticipated that the annual membership fee for the National Institute of Municipal Law Officers would be increased from $77.50 to $104.50, and WHEREAS, the City Council finds it is in the best interests of the people of the City of Yakima to make the aforesaid transfers',-and the action contemplated herein is authorized by R.C.W.35.33.120, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That the following sums are hereby transferred within the Maintenance and Operation classifications of the following -named departments, to -wit: 03 - MUNICIPAL COURT From: . 7 -50 Travel $60.00 1 it 1�� 1 J 1 1 3EE C ORRECT I Page 11 JANUARY ill, 1961 To:, 7 -64 Insurance, Medical & Physical Exams 21 - POLICE DEPARTMENT From: 7 -36 Uniforms To: 7 -64 Insurance, Medical & Physical Exams 33 - AIRPORT From: 7 -54 Heat & Fuel To: 7 -64 Insurance, Medical & Physical Exams $60.00° $462.00 $462:00 $300.00 $300.00 III Section 2. That the following sum is hereby transferred within the Maintenance & Operation classification of the 1961 appropriation for 14 - Legal Department, to- From: 7 -90 Court Expense To: 7 -52 Dues Associations 27.00 $ 27.00 Section 3. That the Director of Finance is hereby authorized and directed to make the aforesaid transfers. ADOPTED BY THE CITY COUNCIL this 11th day of January, 1961. ATTEST: J�. � A' . SMITH ( S E A L) THOMAS C. BOST IC City Clerk Mayor The City Engineer reporting the following Monthly Estimates for work performed on Domestic Well No. 5'and Engineering services furnished for Domestic Wells 4 & 5,for payment Midland Drilling Co. Domestic Well No. 5 $89876.03 .Walla Walla Washington Gray & Osborne Domestic Wells Noe 4 & 5 $ 546.40 it was MOVED by Barber, seconded by Robinson that said report be accepted and approval be and is hereby given to pay said estimates: carried, Barber, Bostic, ;,arson, Maxwell, Oliver and Robinson voting aye by voice vote. The Association of Washington Cities having billed the City of Yakima in the amount of.$12466.34 for annual service fee for 1961 and the City Council having given this matter due consideration, it was MOVED by Larson, seconded by Robinson that said service fee be paid: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson voting aye by toice.vote. A vacancy having been created on the City Council by the resignation of Mr. G. W. Burns, May Bostic announced that Mr. Donald C'. Keith has been appointed to serve on the Council until June of 1962 of until the next regular City Election for Councilman, and further announced that Mr. Keith will be sworn in by Judge Barnett at the hour of 4:30 P.M. on this date.(SEE CORRECTION P.113 A i Councilman Maxwell and Robinson asked to be excused from the regular meeting of January 18, 1961II Permission was granted. �I Councilman Barber inquiring as t.o the operation of the Airport Chateau, it was disclosed that this firm is now in much better financial circumstances and is paying approximately $400.00 each month as current rental,and approximately $300.00 per month bn their past due account. City Manager Smith reported that Mr. 0. W. Lindgren who has recently retired from the Yakima Reclamation Project will work six or eight weeks on'Yakima's water supply study for the City. It being the hour of 4 o'clock P.M. and the City Council having completed all busire ss on the agenda and wishing to hold a hearing with the Nob Hill Water Company at the hour of 4:30 P.M., it'was MOVED by Maxwell, seconded by Larson that we do now recess to the hour of 4:30 P.M.: carried, Barber, Bostic, Larson, Maxwell, Oliver and Robinson, voting aye by voice vote. RECESSED MEETING, WEDNESDAY, JANUARY 11, 1961 4:30 OIChOCK P.M. The City Council met pursuant to recession, Mayor Bostic, Councilmen Barber, Keith, Larson, Maxwell, Oliver and Robinson, City Manager Smith and City Attorney Arntson present on roll call. This being the hour fixed by the City Council for the negotiation with the Nob Hill Water Company for the purchase and use of the water well located west of Chekola Avenue between .Englewood and Sunset Avenues, said well having been offere °d to the City of Yakima by Mr. Elon Gilbert, for the purchase price of $39,000.00, all persons present and interested in this matter (were heard. Mr. Leo Kendrick, Attorney for the Nob Hill Water Company, Mr. Dick'Hews, Mr. Ed Wascher and Mr. Perry Hayes were present and represented said Nob Hill Water Company.' Discus- sion by the City Council and members of the staff disclosed that the City desires this well to develope a system of wells encircling the city limits to supplement the water supply for the City of Yakima in case of emergency, that the City Council had, on November 2, 1960, ordered this well tested, that the Nob Hill Water Company is now operating inside the City of Yakima without franchise and that the City Council is favorably considering the purchase of said well under an option which expires Saturday the 14th day of January, 1961. Members of the'Nob Hill Water Company as herein named, informed the City Council that they need this well in order that ,they may better serve new homes west of.the city limits and appealed to*the City Council not to exercise their option. They further stated that if the City does buy it, their company, will, of necessity, have to drill in the same area and that they have a well driller standing by at the cost of $50.00 *per day awaiting the 'culmination of negotiations. They .explained how they had broke off their first negotiations with Mr. Gilbert because they believed the price :of $85,000.00 to be to costly for said well and that after this negotiation said well was offered to the City of Yakima for 99.000.00. Said representatives also disclosed.that the Nob Hill r 112 JANUARY 11, 1961 holds a twenty day option on the well which is good only if the City of Yakima does not exercise it's option. Dual use of said well was discussed; both from the standpoint of the City owning the well.and the Nob Hill Water Company owning it. 'Agreement could not be reached as to the use and rates to be charged. All persons having been heard and it being agreeable to both parties (the City Council and members of the Nob Hill Water Company) and the City Manager recom- mending that the two engineering staffs study this matter further, it was MOVED by Robinson, seconded by Maxwell that this matter be referred back to the staff for further study and that we do now recess'at the hour of 6:30 o'clock P.M. and re assemble to furth consider this matter at the hour of 4 o'clock P.M, on Friday the 13th day of January, 1961: carried, Barber, Bostic, Keith, Larson, Maxwell, Oliver and Robinson voting aye by voice vote. RECESSED MEETING, FRIDAY, JANUARY 13, 1961, 4.00 O'CLOCK P.M. The City Council met pursuant to recession, Mayor Bostic, Councilmen, Barber, Keith, Larson, Maxwell, Oliver and Robinson, City Manager Smith and City Attorney Arntson present on roll call. This being the time fixed by the City Council for the continuation of negotiations with the Nob Hill Water Company for the purchase of the Viewmont Well, and Mr. Leo Kendrick Attorney for said company,'Mr. Dick Hews and Mr. Perry Hayes, being present, the situation was reviewed and discussion continued. An oral agreement having been reached, whereby the City of Yakima willf; furnish, to the Nob Hill Water Company during the next 25 years, the equivalant of th0eutput "of the Viewmont well, rates for said services to be renegotiated at intervals of 5 years, the Nob Hill Water Company representatives withdrew their oposition to the purchase of said well by the City of Yakima and it was MOVED by Maxwell, seconded by Barber that Resolution No. D- 214 accept- ing the offer-of Elon J. Gilbert to sell said ,Viewmont Well to the City of Yakima together with a 32' x 32' site for the pumphouse, subject to tests to be made by the City of Yakima confirming the minimum capacity of 150' pumping level of 2,000 gallons per minute, be passed as read: carried Barber, Bostic, Keith, Larson, Maxwell, Oliver and Robinson voting aye bn roll, call. (SEE C0?RECTION ON THE ABOVE PAGE 113) RESOLUTION NO. D -2142 A RESOLUTION accepting the offer of Elon J. Gilbert to sell the Viewmont Well to the City of Yakima. WHEREAS, Elon J. Gilbert is the owner of a water well located on Lot 6, Block 4, of Viewmont-Subdivision,, in Section 30, Township 13 North, Range 18, E.W.M., and WHEREAS, by letter dated January 3, 1961 the said Elon J. Gilbert offered to sell the said water well, together with the equivalent of a 32' x 32' site for the pumphouse, to the City of Yakima for the sum of $39,000.00, subject to tests -to be -made by the City of Yakima confirming the minimum capacity at 150 -foot pumping level of 2,000 gallons per minute, which said offer was made firm for a period of ten (10) days in a letter to the City of Yakima by said Elon J. Gilbert dated January 52 1961, copies of both of said letters being hereto attached and by this reference made a part hereof, and WHEREAS," the City Council finds that the purchase of said water well is desirable and necessary for the improvement and development of the domestic water system of the City of Yakima and that it is in the best interests of said City to accept the offer of the said Elon J. Gilbert and to purchase said well,'now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the offer of Elon J. Gilbert to sell the viewmont Well, together with the equivalent of a 32' x 32' site for the pumphouse, to the City of Yakima for the sum of $39,000.00 in accordance with the terms and conditions of letters from the said Elon J. Gilbert to the City of Yakima dated January 3, 1961 and January 5, 1961, respectively, copies of which are hereto attached "and by this reference made a part hereof, is hereby accepted. January, 1961; ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL of the City of Yakima this 13th day of (S E A L) Negotiations were then continued on establishing the policy for imple] to the`Nob Hill Water Company. A resolution - establishing said policy Clerk of the Council, it was MOVED by Larsoh, seconded by Oliver that as read. There being certain objections to the wording and intent of continued and upon completion of discussion, it was MOVED by Maxwell, said resolution be amended as follows: THOMAC C. BOSTIC Mayor nting a supply of water having been read; by the said resolution be passed said resolution negotiati seconded by Barber that On page 1, paragraph numbered 1. the last line be corrected to read "excess of that pro - duced by the Economic and efficient operation of its own supply and not in excess of the then normal output of the Viewmont Well." Paragraph numbered 2. be corrected to read "The rates to be charged Nob Hill Water'Company for such water by the City of Yakima shall be at the rate of four cents (4) per unit (100 cubic feet) up to 10,000 units per calendar month and at the rate of three cents W) per unit for water furnished in excess of 10,000 units, except between June 1 and November 1 when a surcharge shall be added, with surcharge to be computed on a system -wide basis and with the rate not to exceed four cents (4) per unit. On page 2, paragraph numbered 5. line 2 be corrected to read "not drill or develop a water s source within one -half mile radius of the aforementioned Viewmont Well" Paragraph numbered 6. be rewritten as follows: "That it is the intention of the' City Council for the mutual benefit of both the NOb Hill Water Company and its customers and the City of Yakima, that steps be taken toward establishing an adequate method for the coordination of the engineering practices of both water systems." This motion carried, Barber, Bostic, Keith, Larson, Maxwell, Oliver and Robinson voting aye by voice vote, Councilman Robinson then read the resolution in it's entir.ety.as amended and it was MOVED by Larson, seconded by Oliver that Resolution No. D -215 as amended be passed as read: carried, Barber, Bostic, Keith, Larson, Oliver and Robinson voting aye on roll call. There being no further business to come before the City Council it was MOVED by Barber, seconded by Oliver 'that we do now adjourn at the 'hour of 6:15 P.M.: carried, Barber, Bostic, Keith, Larson, Oliver and Robinson voting aye by voice vote. ATTEST: e_ -- -V " 1 1 1 1 1 1 1 11.3 The following are corrections to the minutes of January 11, 1961 as ordered by the City Council at.their regular meeting of January 18, 1961: �f Page. 111, The appointment of Mr. Donald C. Keith.is recorded in error and should read as follows: "A vacancy having been created on the City Council by the resignation of Mr. G. W. Burns, and Mayor Bostic having submitted the name of Mr. Donald C. Keith for consideration by the Council to -fill this position, it was MOVED by Robinson, seconded by Oliver that Mr. Donald C. Keith be appointed to serve on the City Council until June of 1962 or until the next regular City election for Councilmen: carried, Barber, Bostic, Larson, Oliver and Robinson voting aye by voice vote." Page 111, "Mr. Leo Kendrick, Attorney for the Nob Hill Water Company, Mr. Dick Hews, Mr. Ed Wascher and Mr. Perry Hayes, members of the Board for said Water Company, -were present and represented said Nob Hill Water Company. Page 112, "furnish, to the Nob Hill Water Company during 'the next 25 years, the equivalent of the then normal output of" j" C I T Y C L E R K