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HomeMy WebLinkAbout05/17/1961 Business Meeting161 MAY 17,4 1961 Councilman Lemon present during the balance of this meeting. In accordance with action taken by the City Council at their regular meeting of May 10, 1961 on Petition No. 81 as filed by Earl Moirier and others requesting'the vacation of the North -South Alley in Block 90, Town of North Yakima, it was MOVED by Maxwell, seconded by Barber that Resolution No. D -264 denying the petition for said vacation,. be- passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -2649 A RESOLUTION denying the petition of Earl R. Morrier et al. for the vacation of that certain alley located in Block 90, Town of North Yakima, now Yakima, Yakima, County, Washington.. WHEREAS, on May 10, 1961, pursuant to due and legal notice having been _given through publication and posting, a hearing was had upon the petition of Earl R. Morrier et al. for the vacation of the alley located in Block 90, Town of North Yakima, now Yakima,'Washing- ton and WHEREAS, prior to said'hearing said petition had been referred to the Planning Commission of the City of Yakima, which said Planning Commission, after study, had recommended that said petition for the said vacation of said alley be denied, and WHEREAS, the City Council finds that it is not in the best interests of the people of 'the City of Yakima to vacate said alley and that the same is needed and required for the use of the general public and is necessary in the preservation of the public peace, healt "h, safety and welfare of the people of the-City of Yakima, and that said alley should not be vacated, now therefore, The City Council met in regular session, Mayor Bostic, Councilman Barber, Keith, Larson, Maxwell and Robinson, City Manager Smith and City Attorney Arntson present on roll call-. Councilman Lemon was absent until the hour,of 3:25 P.M., but present for the balance of this meeting. Invocation was given by Councilman Larson. The minutes of the regular meeting of May 10, 1961 were *approved as corrected. There being persons present who are interested in -the decision to be made concerning whether o'r not the City of Yakima shall continue to furnish garbage service to it "s residential areas or let this service out on contract, Mayor Bostic announced that the bids.which were received on .May 9, 1961 have been tabulated and are being studied by members of the Council, but that no decision has been made to date. He further stated that this matter is strictly economic at this point, that the bid of Eichler Garbage Service, the firm no serving the business area in Yakima, and the Yakima Refuse Company of Spokane, Washington have given very good bids and that the Council hopes to be able to make a decision by next week. In* accordance with action taken by the City.Council at their regular meeting of May 10, 1961 on - Petition No. 76 as filed by N. S. Norris requesting the rezone of property located on the • Northeast corner of Nob Nill Boulevard and'South 36th Avenue, it was MOVED by Robinson, seconded by Keith that Resolution No. D -263 affirming the action of the Planning Commission and denying the rezone of said property from R -1', Single Family Residential Zone to B -3 General Business zone, be passed as read: carried, Barber, Bostic, Keith, Larson, Maxwell and Robinson voting aye on roll call. Lemon absent. RESOLUTION NO. D -263; A RESOLUTION affirming the action of the City Planning Commission in denying the application by N. S. Norris to rezone certain property located at South 38th Avenue and Nob Hill Boulevard from R -1, Single Family Residential Zone,:to B -3 General Business Zone. WHEREAS, after proper- °-petition and due notice, a hearing was held before the City Planning Commission on March 7, 1961, upon the petition of N. S. Norris to rezone the following described property, to -wit: The South 218 feet of the West Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter, Except the West 8:25 feet and Except the South 6 feet to pY.V.T.C. and Except the East 145 feet, of Section 27, Township 13 North, Range 18, E.W.M.; from R -1, Single Family Residential Zone, to B -2, Local Business Zone, and s WHEREAS, subsequent thereto, an amended petition was filed with the City Planning Commission to rezone the said property to B -3, General Business Zone, and a hearing was held thereon on April 4, 1961, and WHEREAS, on April 6, 1961, said City Planning Commission by letter notified the City Council of the City of Yakima of the denial of said petition by said City Planning Commission, and WHEREAS, thereafter, on the 17th day of April, 1961, the said N. S. Norris and his wife, Anna H. Norris, appealed from the denial of said petition to the City Council, and WHEREAS, a hearing was held by the City.Council on said appeal on May 3, 1961,,which said hearing was continued until May 10, 1961, and WHEREAS, the City Council finds that the recommendation of the City Planning Commission denying said rezone should be approved upon the grounds that such rezoning is not in accord with good planning and with the Comprehensive Plan of the City of Yakima and that the needs of the City and community do not require such change, now, therefore', BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the action of the City Planning Commission in denying the application of N. S. Norris to rezone certain property located at South 38th Avenue and Nob Hill Boulevard from R -1, Single Family Residential Zone, to B -3, General Business Zone, is hereby confirmed. ADOPTED BY THE CITY COUNCIL this 17th day of May, 1961. ATTEST: J. A. SMITH (S E A L) THOMAS C. BOSTIC City Clerk Mayor Councilman Lemon present during the balance of this meeting. In accordance with action taken by the City Council at their regular meeting of May 10, 1961 on Petition No. 81 as filed by Earl Moirier and others requesting'the vacation of the North -South Alley in Block 90, Town of North Yakima, it was MOVED by Maxwell, seconded by Barber that Resolution No. D -264 denying the petition for said vacation,. be- passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -2649 A RESOLUTION denying the petition of Earl R. Morrier et al. for the vacation of that certain alley located in Block 90, Town of North Yakima, now Yakima, Yakima, County, Washington.. WHEREAS, on May 10, 1961, pursuant to due and legal notice having been _given through publication and posting, a hearing was had upon the petition of Earl R. Morrier et al. for the vacation of the alley located in Block 90, Town of North Yakima, now Yakima,'Washing- ton and WHEREAS, prior to said'hearing said petition had been referred to the Planning Commission of the City of Yakima, which said Planning Commission, after study, had recommended that said petition for the said vacation of said alley be denied, and WHEREAS, the City Council finds that it is not in the best interests of the people of 'the City of Yakima to vacate said alley and that the same is needed and required for the use of the general public and is necessary in the preservation of the public peace, healt "h, safety and welfare of the people of the-City of Yakima, and that said alley should not be vacated, now therefore, 3 162 MAY 17�, 1961 BE IT RESOLVED BY THE CITY COUNCIL; OF THE CITY OF YAKIMA: That the petition of Earl R. Morrier 'et al. for the vacation of that cer- tain alley located in Block 90, Town of North Yakima, now Yakima, Yakima County, Washington. WHEREAS, on May 10, 1961, pursuant to due and legal notice hating been given through publication and posting, a hearing was had upon the petition of Earl R. Morrier et al. for the vacation of the alley located in Block 90, Town of North Yakima, now Yakima, Washing- ton, and WHEREAS, prior to said hearing said petition had been referred to the Planning Commission of the City of Yakima, which said Planning Commission, after study, had-recom- mended that said peition for the said vacation of said alley be denied, and WHEREAS, the City Council-finds that it is not in the best interests of the people of the City of Yakima to vacate said alley and that the same is needed and required for the use of the general public and is necessary in the preservation of the public peace, health,. safety, and welfare of the people of the City of Yakima, and that said alley should not be vacated now, therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY-OF YAKIMA: That the petition of Earl R. Morrier et al. for the vacation of the herein before described alley is hereby denied. I -ATTEST: J.-A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 17th day of May, 1961. (SEAL) THOMAS C. BOSTI C Mayor In accordance with action taken by the City Council at their regular meeting of May 10, 1961 on Petition No. 86 as filed by A. G. Beaman and others requesting the rezone of that certain property located between South 38th Avenue and South 40th Avenue and between the metropolitan Park District Golf Course and Tieton Drive, it was MOVED by Larson, seconded by Lemon that Ordinance No. 248 accepting the recommendation of the Planning Commission and rezoning said property from R -l. Single Family Residence Zone- to R -3 Multiple Family Residence Zone, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. .ORDINANCE NO. 248, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property located between South 38th and:South 40th Avenues and between the Metropolitan Park District Golf Course and Tieton Drive in the City of Yakima, Washington. A resolution together with a supplemental agreement having been submitted to the City Council for action at their regular meeting of May 10, 1961 and members of the Council wishing to study this matter further, postponed action to this date. Manager Smith explained that this lease covers approximately 35 acres of pasture at.the Yakima Municipal Airport, some of it being good pasture and the balance affording only loafing and watering area for cattle. He also reported that he had met with Mr. Charles Boone, Manager of the Congdon property and that the rental of $300.00 per year for this property is agreeable. Councilman Lemon reported that he had checked with Mr. Bob Folsom of the National-Bank of.Commerce who handles farm leases and also with the Indian Agent at the Yakima Indian Reservation and was advised that $10.00 per acre is a fir price-for good pasture land in this area. After discussion, it was MOVED by Robinson, seconded by Maxwell that Resolution No. D -265 authorizing the execution of a Supplemental Agreement with Congdon Orchard, Inc., for the lease of certain property located at the Yakima Municipal Airport for the sum of $300.00 per year and extending the existing lease to May 14,, 1962, be passed as read: carried Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -2659 A RESOLUTION authorizing the execution of a Supplemental Agreement with Congdon Orchards, Inc., for the lease of certain property on the Yakima Municipal Airport. BE IT RESOLVED by the City Council of the City of Yakima: That the City Manager and City Clerk.of the City of Yakima are hereby authorized and directed to execute on the behalf of the City a Supplemental Agreement between the "ity, as Lessor, and Congdon Orchards, Inc., as Lessee, modifying the existing Farm Lease Agreement for certain properties located upon the Yakima Municipal Airport, a copy of which said Supplemental Agreement is attached hereto and by this reference made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 10th day of May, 1961. (SEAL) THOMAS C. BOSTIC Mayor An ordinance appropriating $10,876.00 from the Cumulative Reserve Fund for Domestic Water Supply Development to the Water Department for payment due the contractor on domestic Water Well No. 4 & 5, having been read in its entirety by the Clerk of the Council, was ordered laid on the table for one week, to be read and considered at the next regular meeting of the City Council on May 24, 1961. On the suggestion of Councilman Robinson, a proposed Ordinance amending Ordinance Nod -585 provid- ing for the levying of Admission Tax was brought before the Council, copies of said ordinance having been handed to Council members a week prior to this meeting, for study.,Mayor Bostic spoke on this matter and.stated that said.amendment will provide a more equitable distribution of the tax and include such operations as the Metropolitan Park District,-.the special events sponsored by the Y.M.C.A. and the Yakima Valley Bears Baseball Inc., which have,not been paying in the past. MOVED by Robinson, seconded by Barber that Ordinance No. 249 amending'Ordinance No. B -585 provid- ing for the levying of Admission Tax, be passed as read. carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. ORDINANCE NO. 249, AN ORDINANCE amending Sub - Section (a) of Section 2 and Sections 3, 4, and 5 of Ordinance No. B -585 entitled, "AN ORDINANCE levying an admission tax on persons paying admissic or who are admitted free or at reduced rates to any place; fixing the amount and providing for the collection thereof; prescribing penalties; and declaring an emergency." (Sections 5.04.020(a) -.0; -.040 -.050 of the Municipal Code of the City of Yakima.) - I 1 1 1 F�l 1 1 163 MAY 179 t-1-959- /,?(,/ On the matter of the Yakima Valley Baseball operations, Mayor Bostic referred to a recent ex- amination of the records and affairs of the City conducted by the Division of Municipal Corpora- tion in which it is recorded that said Baseball Club owes the City of Yakima $11,514.48 and stated that he has taken exception to this figure as it is based on an average of admissions paid in the years.1954, 55 and -56 because the Club has no records on which to figure the true amount due and that between the years 1957 and-1960 there were some very lean years in their operation. Mayor Bostic then read a letter from David Ross, President of the Baseball Club, setting forth the taxable income for the years of 1957 through 1960 as $58,123.00 based'on figures obtained from the State Tax Commission in Olympia and showing their tax debt,to the City as $2,906.15. The letter also reported that in 1956 the Club paid to the City of Yakima, admission tax bn their gross income which included income from other sources than admissions and asked that this matter be taken into consideration when figuring their indebtedness to the City. Finally Mr. Ross, requested that the Club be allowed to enter -into a partial payment agreement to pay the taxes due the City of Yakima overa period of 10 years. After discussion it was MOVED by Maxwell, seconded by .Larson that this proposal be accepted without stipulation of tiLte and amount to be paid and the City Manager be and is hereby instructed to proceed with the-collection of the tax owed by the' Yakima Valley Bears, Inc.,. and report to the council': carried, Barber, Bostic, Keith, Larson, Lemon,.Maxwell and Robinson voting aye by voice vote. Preparatory-to connecting East Yakima Avenue to the Terrace Heights Inter-change on Primary State Highway No. 3, it was MOVED by Larson, seconded by Barber that Resolution No. D -266 authorizing the execution of an agreement with the Washington State Highway Commission for the improvement of East Yakima Avenue from Naches Avenue to 9th Street, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -2661 A RESOLUTION authorizing the City Manager and the City Clerk,to execute an agreement with the Washington State Highway Commission for the improvement of East Yakima Avenue from Naches Avenue to 9th Street. WHEREAS, it is advantageous to the City of Yakima to enter into an agree- ment with the Washington State Highway Commission for the improvement of East Yakima Avenue from Naches Avenue to 9th Street as a part of its arterial street construction program, which con- struction will tie into the construction of the Terrace Heights Way Interchange on Primary State Highway No. 3, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager qnd the City Clerk of the City of Yakima are hereby authorized and directed to execute on behalf of the City of Yakima an Agreement with the Washing- ton State Highway Commission for the improvement of East Yakima Avenue from Naches Avenue to 9th Street under the same contract with the State Highway Commission, a copy of which said Agreement is hereto attached and by this reference made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 17th day of May, 1961. (SEAL) THOMAS CG BOSTIC Mayor Moved by Keith, seconded by Robinson that Resolution No: D -267, being a resolution of intention to improve certain property by constructing cures, gutters, surfacing and sidewalks and fixing the date of hearing on said resolution at the hour of 3:0 P sN. on Wednesday the 14th day of June, 1961, be passed as read: carried, Barber, Bostic, /��don, Lemon, Maxwell and Robinson, voting aye on roll call. RESOLUTION'NO. D -267, A RESOLUTION of intention to create a local improvement districtq BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That it is its intention to improve the following streets by grading, ballasting, surfacing with asphaltic concrete and constructing concrete curbs and gutters, to- gether with necessary drainage features:- 1. Lincoln Ave. from 32nd Ave. to 35th Ave. 2. Sunset Ave. from 40th Ave. to 46th Ave. 3. 34th Ave. from Lincoln Ave. to Jefferson Ave. 4. West 1/2 35th Avenue from Lincoln Ave. to Roosevelt Ave. 5. North 1/2 Sunset•Ave. from 55th Ave. to Minnesota Ave. That it is its intention to improve the following streets by constructing concrete sidewalks five feet in width on one side of the street only. 1. Lincoln Ave. from 32nd Ave. to 35th Ave. 2. Sunset Ave. from 40th Ave. to 46th Ave. All persons who may desire to be heard with reference to said proposed 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 3 :00 otclock P.M., on Wednesday, the 14th day of June, 1961, 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 improve- ments, 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 therefor as provided by the laws and as above described. The assessments shall be made accordingnto special benefits derived from the improvement without regard to the zone and termini method. The City Engineer is hereby directed to submit to the City Council at or prior to the date fixed herein for said hearing, all of the data and other information required b 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. ' - II ADOPTED BY THE CITY COUNCIL this 17th day of May, 1961. II ; P 164 MAY 172 1961. J. A. 51Vll' HL' k 5 E A L) THOMAS C. BOSTI C City Clerk Mayor Councilman Barber was excused at the hour of 4:30 P.M. Manager Smith requested members of the Council to meet-.' ..with Mr. Charles Ogden, District Engineer fbr the Pollution Control Commission in Yakima for the purpose of further studying the status and needs of our Sewage Treatment Plant. Tentative plans were made for a luncheon meeting fin,. Wednesday the 24th day of May, 1961 after which members will visit the Sewage Treatment Plant with^Mr'. Ogden who will explain further the problems confronting the city in regard to polution control. Manager Smith also reported that the official census figure being used by Olympia for figuring Yakimas tax returns, is 43,315 and that if there is any change to be made in this figure, it must be done before the end of May, 1961; He also reported to the Council, information received from Mr. W. A. Bugge, Director of Highway, regarding the on -half cent additional fuel tax allocated for cities and towns by the 1961.1egislature. There being no further business to come before the Council, it was MOVED by Larson, seconded by Lemon that we do now adjourn at the hour of 4 :45P.M.: carried, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote. Barber absent. ATTEST: I Y C L E R K 1 1 1 1