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Home My WebLink About04/12/1961 Business Meeting3 146 APRIL 12, 1961 The City Council met in regular session, Mayor Bostic, Councilmen Keith, Lemon, and Robinson, City Manager Smith and City Attorney Arntson present on roll call. Couhcilmeh Barber and Larson absent and excused. Eouncilman Maxwell absent from roll call but present after the hour of 3:20 P.M, The invocation was given by Councilman Lemon. The minutes of the regular meeting of April 5, 1961 were approved.as read. In accordance with action taken by the City Council at their regular meeting of April 5, 19619 in connection with an agreement with the Washington Canners Cooperative and a resolution author- izing the City.Manager and City Clerk to execute said agreement with said Washington Canners, said resolution and agreement providing for the exchange of real property located at Lenox Avenue immediately east of the Northern Pacific right -of =way, and certain changes having been made'in both the resolution and agreement which are agreeable to the-,City of Yakima and the Washington Canners Cooperative; it was MOVED by Keith, seconded by Lemon that Resolution No. D -250 author- izing the execution of said agreement be passed as read: carried, Bostic, Keith, Lemon and Robinson voting aye on roll call.. Larson,.Barber and Maxwell absent. RESOLUTION NO. D -250, A RESOLUTION authorizing the City Manager and the City Clerk to execute an Agreement with Washington Canners Cooperative, providing for the exchange'of 'real property located at Lenox Avenue immediately east of the Northern Pacific right -of -way. WHEREAS, on February 24, 1956, in cause No. 3$$34 in.the Superior Court of the State of Washington for Yakima..County, a judgment was made and entered against the City of Yakima in favor of Washington Canners Cooperative,.said action being a condemnation suit brought in connection with the proposed Lenox Avenue overpass, and WHEREAS, it is deemed impractical to construct:any future overpass at said proposed site, and WHEREAS, sound engineering practices dictate that the logical site for the the construction of such an overpass exists to the north of Lenox Avenue, and WHEREAS, Washington Canners Cooperative is willing to enter intp an Agree- ment with the City, a copy of such Agreement being attached hereto and by this reference made a part hereof, providing for the vacation and conveyance by the City to Washington Canners Coopera- tive of a portion of Lenox Avenue lying immediately east of the Northern Pacific right -of -way in exchange for a ten -year option,in favor of the City-to purchase the required right -of -way, as set forth in said Agreement, for the sum of $35,000.00 and WHEREAS, the City Council finds that the value of said proposed right -of- way is in excess of $35,000.00, and that it is in the best interests of the people of the City of Yakima to enter into such Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute on the behalf of said City an Agreement with Washington Canners Cooperative providing for the vacation and conveyance of a portion of Lenox Avenue lying immediately east of the Northern Pacific right -of -way to Washington Canners.Cooperative in ex- change for at option to purchase other right -of -way to the north of Lenox Avenue from.Washington Canners. Cooperative for the sum of $35,000.00; all as in said Agreement set forth, a copy of which is hereto attached and by this reference.made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED'BY THE CITY COUNCIL this 12th day of April, 1961. (SEAL) THOMAS C. BOSTIC Mayor In accordance with action taken by the City.Council at their regular meeting of April 5, 1961 in connection with a request by the State Highway to discontinue parking on the east side of Yakima Avenue between 8th and 9th Street, and City Manager Smith informing members of the Council that five of the six property owners in this area have been contacted and have no objections to the loss of said parking space, it was MOVED'by Robinson, seconded by Lemon that Ordinance No. 235 amending sub - section (b) of Section $$ of Ordinance No. B -1526, the Traffic Code_, and discontinu- ing the parking on the east side of Yakima Avenue between 8th and 9th streets, be passed as read: carried, Bostic, Keith, Lemon and Robinson voting aye on roll call. Barber,.:- °L -arson and Maxwell absent. ORDINANCE NO. 235, amending Sub- section (b) of Section $$ of Ordinance No. B -1526 entitled, "AN ORDINANCE relating to an regulating traffic, travel and transportation and their incidents upon the streets and other ways open to:the public; prescribing the powers and duties of officers and others in relation thereto; defining offenses; providing penalties, and repealing Ordinance No. B -131 and all other amendments therefor and all -other ordinances in so far as they are in con- flict therewith, and declaring an emergency ", as amended. A petition, being petition No. 82 requesting the improvement of certain property by the construc- tion of curb, gutter and the surfacing of Westover Drive from Chisholm Trail to Walnut Street; South 40th Avenue from Chestnut to Waln #t Street; Francis Avenue; and Walnut Street from 1101. of Chisholm Trail to South 40th Avenue by the formation of a Local Improvement District, said peti- tion having been filed with the City Clerkon April 5, 1961, by Levan Cowden and others, it was MOVED by Keith seconded by Robinson that said petition be referred to the City Manager for recommendation: carried, Bostic, Keith, Lemon and Robinson voting aye by voice vote. Barber, Larson and Maxwell absent. Moved by Robinson, seconded by Keith that Ordinance No. 236 fixing the time of delinquency and prescribing the form of bonds for L.I.D. No. $$3, be passed as read: carried, Bostic, Keith, Lemon and Robinson voting aye on roll call. Barber, Larson and Maxwell absent. ORDINANCE NO. 236, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. $$3, and providng for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Councilman Maxwell present for the balance of this meeting. 1 1 1 D 1 1 L11 APRIL ,12., 1961 Moved-by Lemon, seconded by Robinson that Ordinance No. 237 fixing the time of delinquency and prescribing the form of bonds for L.I.D. No.$$5, be passed as read: carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call. Barber,. and Larson absent. IF ORDINANCE NO. 237, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No. $$5, and providing for the issuance of bonds with coupons attached for the payment of the unpaid portion thereof. Moved by Robinson, seconded by Keith that Ordinance No. 238 fixing the'time of delinquency and prescribing the form of bonds for L.I.D. No.$$7, be passed as read. carried, Bostic, Keith, Lemon,. Maxwell and Robinson voting aye on roll call. Barber and Larson absent. ORDINANCE NO. 230, AN ORDINANCE fixing the time of delinquency of installments of assessments levied for the payment of the cost of the improvement in Local Improvement District No.. $$7, and providing for the issuance of-bonds with coupons attached for the payment of the unpaid. portion thereof. Moved by Maxwell, seconded-by Lemon that Ordinance No. 239 fixing the time of delinquency and prescribing,the form of bonds for L.I.D. No.890, be passed as read: carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call. Barber and Larson absent. ORDINANCE -NO. 239, AN ORDINANCE fixing the time of delinquency of installments of assessments for the payment-.of the cost of the improvement in Local Improvement District No. 890, and pro- viding for the issuance of,bonds with coupons attached for the payment of the unpaid portion thereof. , L Moved by Keith, seconded by Robinson that Resolution No. D -251 transferring $150.00 within the 1961 - Budget for the Inspection Department and $3,000.00 within the 1961 Budget for Sewer Mainten- ance Department,'be passed as read. carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call. Barber and Larson absent. RESOLUTION N0: D -2519 A RESOLUTION transferring the sum of $150.00 within the 1961 appropriation for 23 - Inspection Department and the sum of $3,000.00 within the 1961 appropriation for 52.6 - Sewer Maintenance Department. WHEREAS, a surplus exists in Account 7 -41, Automotive, Motor Fuel, etc., o. the Maintenance and Operation classification of the 1961 appropriation for 23 - Inspection Depart ment, and WHEREAS, at the time of the adoption of the 1961 Budget, it could not have been reasonably anticipated that the addition of personnel and inspection functions would re- quire additional moneys in - Account 7 -30, Clerical & Office, of the Maintenance & Operation class- ification of the 1961.appropriation for 23 - Inspection Department, and -WHEREAS, a surplus exists in Account 6 -06, Sanitary Sewer, of the Capital or Betterment classification of the 1961 appropriation for 52.6 - Sewer Maintenance Department, and WHEREAS, at-the time of the adoption of the 1961 Budget, it could not have been reasonably anticipated that it would become necessary to construct certain storm sewer construction projects required because of building construction on undrained areas and that additional moneys would be required in Account 6 -05, Storm Sewer Construction, of the Capital or Betterment classification of the 1961 appropriation for 52.6 = Sewer Maintenance Department, 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, therefor BE IT RESOLVED BY THE CITY COUNCIL OF"THE CITY OF YAKIMA: Section 1. That the sum of $150.00 is hereby transferred from Account 7 -411 Automotive, Motor Fuel, Etc., to Account 7-30,• Clerical & Office, within the Maintenance & Operation classification of the 1961 appropriation for 23 - Inspection Department. Section 2. That the sum of $3,000.00 is hereby transferred from Account 6 -06, Sanitary Sewer, to Account 6=05, Storm Sewer Construction, within the Capital or Betterment classification of the 1961 appropriation for 52.6 - Sewer Mainteance Department., Section 3. The Director of Finance is hereby authorized and directed to make the aforesaid transfers. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 12th day of April, 1961. (SEAL) THOMAS C. BOSTIC Mayor- The Statewide City Employees Retirement System having billed the City of Yakima in the amount of $2,711.07 for the balance of- charges for 1960 expense and the advance charges for 1961 expense of operation, it was MOVED by Robinson, seconded by Maxwell that this payment be authorized and deducted from the "Released Matching Funds" now on deposit with said Retirement system: carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call. Barber and Larson absent. The semi - final estimates on Domestic Wells No. 4 and 5 having been submitted to the Council, said estimates having been prepared by the firm of Gray and Osborne, consulting engineers, and Mr. Don Gray being present at this meeting discussed the matter of excessive costs and final output of said wells. It was established that while the cost is greater than anticipated, these wells had to be dug deeper the anned, but are producing more water than expected and if the Oak Flat line should be cut off,`A. lik wells now in operation would Turn sh a normal supply of wgter for the City. After discussion, it was MOVED by Robinson, seconded by Keith that this matter be con- tinued for one week: carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call Barber and Larson absent. The Planning Commission having recommended the rezone of certain property situated at 205 North 4th Avenue, as'requested by Martha Dorsett and May Hauk on Petition No. 7$, and Mr. Jack Robilard Mr. Johnson, and Y1r. F. M. Elsworth,property owners in this area being present and protesting said recommendation, it was MOVED by Robinson, seconded by Maxwell that a hearing be held on this F, 14 APRIL 12, 1961 matter on the 20tn day of April 11)01 anca that all parties in saia aistrict oe so notiriea: carried, Bostic, Keith, Lemon, Maxwell and Robinson voting aye on roll call: Barber and Larson absent. It was informally agreed by members of the - Council that since the recommendations of the Plann- ing Commission on Petitions No. 76,77,$0 and 81 had not been received by them early enough for study, that these matters be continued for one week and the City Attorney prepare the necessary resolutions and ordinances. Manager Smith reported that our new Municipal Code as prepared by Book Publishing Company is now ready for distribution and sale. Councilman Keith asked to be excused from the regular meeting of April 19, 1960. Permission granted. There being no further business to come before the Council, it was MOVED by Lemon, seconded by Robinson that we do now adjourn at the hour of 4:45 P.M.: carried, Bostic, Keith, Lemon, Maxwe and Robinson voting aye by voice vote. Barber and Larson absent. ATTEST: M A Y O R 1 1