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Home My WebLink About05/07/1962 Business MeetingIII 1 1 299 MAY 7, 1962 The City Council met. in regular session, Assistant Mayor Larson presiding. Councilmen Barber, Kurbitz, Lemon, Morrissey and Robinson, City Manager Smith and City Attorney Andrews present on roll call. Mayor Bostic absent and excused. The Invocation was given by Councilman Lemon. Assistant Mayor Larson presented Certificates to City Employees who were present at this meeting and who had completed a twelve -week Supervisor Development Course conducted by the Yakima Valley College and sponsored by the City of Yakima. The minutes of the regular meeting of April 30, 1962 were approved as read. In accordance with action taken by the Council at their regular meeting of April 30, 1962, on the Notice of Intention to Commence Annexation Proceedings as filed by Glascam Builders, Inc. and others, and Mr. Frank L. Glaspey, Jr. representing Glascam Builders, Mr. John J. Anderson and Mr. John Strosahl representing United Builders of Washington, being present at this meeting, it was MOVED by Morrissey, seconded by Lemon that the Council meet with these persons to determine if the property described in said Notice of Intention will be accepted for annexation and if the owners thereof will be required to assume the City's indebtedness: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. Assistant Mayor Larson then declared the meeting with these representatives to be in session and the various points of the new annexation law was discussed. Mrs. Parks, a property owner in the area sought to be annexed, protested being included without having signed a petition and questioned the Council on matters of water rights and taxes. Public Works Director Mayo explained that the irrigation will remain the same as long as there are no problems of supply and assured Mrs. Parks that the water goes with the land and that her taxes may be slightly higher but this will be offset by lower insurance rates. Manager Smith explained that the-necessary signatures to represent 75% of the valuation of this property has not been obtained as yet. All persons having been heard, it was MOVED by Robinson, seconded by Barber that the property as described in the Notice of Intention to Commence Annexation Proceedings will be accepted for annexation and the owners will not be required to assume the City's indebtedness: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. This being the time fixed by the Council for the hearing on Petition No. 136 as filed by Frank L. Mooney and others praying for the annexation of certain property between North 1st and North 3rd Streets and Sycamore and Tamarack Streets, the Clerk of the Council read a letter from the Plann- ing Commission recommending that this property be annexed to the City of Yakima with a zoning classification of B -3,' General Business and a letter from Mr. Lee Crossen, Chairman of the Board of County Commissioners and representative of the Board of'Review for annexations. and a letter from Mr. A. W. Allen, Superintendent of Schools, and a member of the review Board, concurring with Mr. Crossen and Mayor Bostic that a review by said Board is not necessary on Petition No.136 which "covers only 4.36 acres. There being no protests in writing or otherwise and all persons having been heard, it was MOVED by Robinson, seconded by Barber that Ordinance No. 337 providing for the annexation of certain property contiguous to the City of Yakima and zoning same as B -3, General.Business Zone, be passed as read: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye on roll call. Bostic absent. ORDINANCE NO. 337, AN ORDINANCE providing for the annexation. by the City of Yakima, Washington, of certain property contiguous to the City of Yakima, and zoning the same as B -3, General Busines Zone. Petition No. 142 having been filed with the City Clerk on May 1, 1962 by Howard C. Sheaffer and others requesting the formation of a local improvement district for the paving of the alley between North 5th Avenue and North 6th Avenue between West B Street and West C Street, it was MOVED by Morrissey, seconded by Lemon that said petition be referred to the City Manager and staf for study and recommendation. Petition No. 143 having been filed with the City Clerk on May 1, 1962.requesting the formation of a local improvement district for the purpose of constructing water mains in a newly annexed area on North Nob Hill Road North of Englewood Avenue and on Connestoga Blvd., and the City Manager and staff explaining that the preliminary study has been made on this request and recommending that action be taken to commence this project, it was MOVED by Robinson, seconded by Lemon that the Council deviate from the regular agenda and consider a resolution of intention to create a local improvement district as requested on Petition No. 143: carried, Ba-ber, Kurbitz, Larson, Lemon, Morrissey and.Robinson voting aye by voice vote. Bostic absent. MOVED by Barber, seconde by Lemon that Resolution No. D -398 being a resolution of intention to create a local improvement district for the construction of water mains and other appurtenances in the Carriage Hill Additio and fixing ,the date of hearing on Petit ion ' No . 143 and Resolution No. D-398 for the 28th day of May, 1962,'be passed as read:. carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye on roll call. Bostic absent. RESOLUTION N0: D -3981 A RESOLUTION of intention to create a local improvement district. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That it is its intention to improve the following described property by constructing the necessary mains, fire hydrants, valves, and other appurtenances for the purpose of supplying water for domestic use and fire protection; all of said improvement to be constructe 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 servied by and specially benefitted by and assessed for the above - described improvements in situate in the City of Yakima, Yakima County, Washington, and described as follows: Lots 15, 16, 18, 20 and 21, Carriage Hill Addition; Lots 76, 77, 80, 81, 84 and 85, Carriage.Hill Addition; and Lots 65 through 67 and 87 through 99, Carriage Hill Addition. 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 o'clock p.m., on Monday, the 28th day of May, 1962, which time and place are hereby fixed for the I 00 MAY 7,_1962 hearing of all matters relating to said proposed improvement or objections thereto, and for determining the method of payment for said improvement; and the City Clerk is hereby directed to give notice of said hearing and of the intention to make the aforesaid improvements. A portion of the costs and expenses of said improvement, including engin- eering, inspection, advertising, publication of notices, if any, and all other expenses incident thereto, shall be levied and assessed against all of the property legally and properly assessable thereto, as provided by law and as above described, and the balance of the said costs and expen- ses shall be borne by the City Water Department in accordance with Resolution No. C -1051. The assessments shall be made according to 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 all of the data and any other information required by law to be by him submitted. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 7th day of May, 1962. ( S E A L ) THOMAS C. BOSTIC Mayor Petition No. 144 having been filed with the City Clerk on May 1, 1962 by Hazel M. Gordinier and others, requesting the organization of a local improvement district for the purpose of construct- ing sanitary sewers and sewer lift station in Carriage Hill Addition, it was MOVED by Robinson, seconded by Morrissey that said petition be referred to the City Manager and Staff-for study and recommendation: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. Petition No. 145 having been filed with the City Clerk on May 1, 1962 by Hazel M. Gordinier and others, requesting the formation of a local improvement district for the purpose of constructing Sewer Laterals on Connest5ga Blvd., North 46th Avenue, Modesto Way, 47th Avenue, and North Hill Road, it was MOVED by Morrissey, seconded by Robinson that said petition be referred to the City Manager and staff for recommendation and study: carried, Barber, Kurbitz, Larson, Lemon, Mor- rissey and Robinson voting aye by voice vote. Bostic absent. Petition No. 146 having been filed with the City Clerk on May 2, 1962 by Clarence E. Marshall for Marshall's Construction, Inc. and others requesting that a portion of Madera Way be vacated, it was MOVED by Robinson, seconded by Barber that said petition be referred to the City Manager and Planning Commission for study and recommendation: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye -by voice vote. Bostic absent. An ordinance appropriating the sum of $2,524.00 from the unappropriated moneys in the Current Expense Fund for the purpose of purchasing the supplement service to the City of Yakima Municipal Code was read in its entirety by the Clerk of the Council and ordered laid on the table for one week to be read and considered at the next regular meeting of the Council on May 14, 1962. An ordinance appropriating the sum of $1,098.00 from the unappropriated moneys in the Current Expense Fund to the -1962 Budget for the purpose of purchasing a new three - wheeled vehicle for the Parking Meter Department, having been read in its entirety by the Clerk of the Council, was ordered laid on the table for one week or until the regular meeting of May 14, 1962. An ordinance appropriating the sum of $525.00 from the unappropriated moneys in the Water -sewer Fund to the 1962'Budget for the purpose of settling a lawsuit in which the City is involved, was read in its entirety by the Clerk of the Council and was ordered laid on the table for one week to be read and considered at the next regular meeting of the Council on the 14th day of May,1962. There being on the agenda an ordinance defining terms and amending Ordinance No.: B -$75 on peddlin and the °Council wishing to further consider the matter, it was MOVED by Robinson, seconded by Barber that said ordinance be continued until the next regular meeting, of the Council on the 14th day of May, 1962; carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. Moved by Barber, seconded by Robinson that Resolution No. D -399 authorizing the payment of $525•OC to Mr. George H. Mullins, attorney for Francis Hunt, Harvey Schroeder, Ivan R. Parks and Merlin Brittain in full settlement of a lawsuit being cause No. 42483 in the Superior Court of the State of Washington, be passed as read: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robin- son voting aye on roll call. Bostic absent. RESOLUTION NO. D -399, A RESOLUTION authorizing the payment of $525.00 to George H. Mullins, as Attorney for Francis Hunt, Harvey Schroeder, Ivan R. Parks and Merlin Brittain. WHEREAS, the City of Yakima is defendant in a lawsuit wherein Francis Hunt, Harvey Schroeder, Ivan R. Parks and Merlin Brittain are plaintiffs and being represented by George H Mullins, said lawsuit being cause No. 42483 in the Superior Court of the State of Wash - ington, In and For Yakima County, which claim is based on an unconstitutional taking by the City of plaintiffs' property in 1957 during installation of the industrial waste sewer, and WHEREAS, an offer to accept $525.00 as full settlement has been made by plaintiffs to the City; and plaintiffs have offered, as part of such settlement, to grant to the City a perpetual easement over and across their respective properties for sewer purposes, and WHEREAS, the City Council finds that the sum of $25.00 is a reasonable sum to be paid in full settlement of such lawsuit and further finds that it is in the best inter- ests of the people of the City of Yakima to make such payment and to accept grants of easement across plaintiffs' properties, 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 $525.00 from the Water -Sewer Fund of the City of Yakima to George H Mullins, as Attorney for Francis Hunt, Harvey Schroeder, Ivan R. Parks and Merlin Brittain, plaintiffs, in full settlement of cause No. 42483 in the Superior Court of the State of Washing- ton, In and For Yakima County, upon the entry of an Order in said court dismissing said cause, with prejudice, and upon the execution by plaintiffs, and delivery to the City, of grants of 1 1 1 �1� 1 1 1 301 MAY 7, 1962 easement for sewer purposes across plaintiffs' properties. �- ADOPTED BY THE CITY COUNCIL this 7th day of May, 1962. ATTEST: J. A. SMITH City Clerk ( S E A L ) THOMAS C. BOSTIC Mayor Moved by Robinson, seconded by Lemon that Resolution No. D -100 declaring the intention of the Cit3 Council to amend the Zoning Code regarding outside promotional sales in a B -2 Zone, be passed as read: cajvied, Barber, Kurbitz, Lemon, Morrissey, and Robinson voting aye on roll call. Bostic absent. sA proposed ordinance amending said zoning code having been submitted to the Council for study was then discussed with Mr. Howard Hettinger, Attorney. RESOLUTION NO. D -1001 A RESOLUTION declaring the intention of the City Council of the City of Yakima to amend Section 12.32.020 of the City of Yakima Municipal Code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That the City Council of the City of Yakima does hereby declarE its intention to amend Section 12.32.020 of the City of Yakima Municipal Code to read as follows: f112.32.020 USE REGULATIONS -- LIMITATIONS. Every use permitted in a B -2 Zone shall be subject to the following limitations: 1. All uses shall be conducted wholly within a building, except at gasoline service stations; and no merchandise or other goods, products or containers shall be dis- played outside of the building where such business is carried on, or stored on the premises out- side of any building thereon; provided, that outside promotional ,-ales, where merchandise is dis- played for sale outside of the building where the business is carried on, may be conducted in a B -2, Local Business Zone, in accordance with the provisions of Chapter 5.53 of this Code. Where such sale is conducted, off - street parking spaces may not be reduced below the minimum require- ments of Chapter 12.56; and all entrances to and exits from off - street parking areas and the business building shall be kept clear at all times. Loading, unloading and storage of merchandise shall be done on private property in such a manner so as not to interfere in'any way with vehicular and pedestrian traffic on public ways or on the off - street parking area. 2. Lighting for all permitted uses shall be so arranged as to reflect the light away from adjoining residential premises. In addition, said lights shall be so arranged so as not to interfere with the safe operation of motor vehicles." Section 2. The Clerk of the Council is hereby directed to file a copy of this resolution with the Planning Commission of the City of Yakima forthwith; and the Planning Commission is hereby requested to hold a hearing and make a recommendation to the City Council in accordance with Chapter 12.76 of the City of Yakima Municipal Code. J.A. SMITH ATTEST: CITY CLERK ADOPTED BY THE CITY COUNCIL THIS 7th day of May, 1962. ( S E A L ) THOS. C. BOSTIC MAYOR Moved by Robinson, seconded by Lemon that Resolution No. D -101 denying a claim for damages as filed by Howard Cooper Corporation for the amount of $5,355.64 arising from the negotiations for the acquisition of a front -end loader, be passed as read: carried, Barber, Kurbitz, Larson, Lemon, Morrissey, and Robinson voting aye on roll call. Bostic absent. RESOLUTION NO. D -401, A'RESOLUTION denying a Claim for Damages filed by Howard Cooper Corporati WHEREAS, on March 2, 1962, Howard Cooper Corporation filed a 81aim, for Damages against the City of Yakima for the amount of $5055.64 arising from negotiations between the City and said corporation for the acquisition by the City of a front -end loader, and WHEREAS, the City Council of the City of Yakima finds it to be in the best interests of the people of the City of Yakima to deny said,claim, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the Claim for Damages filed on March 29, 1962, by Howard Cooper Corporation against the City of Yakima for the amount of $5,355.64, is hereby denied. ADOPTED BY THE CITY COUNCIL, this 7th day of May, 1962. ATTEST: J. A. Smith ( S E A L ) Thomas C.Bostic City Clerk Mayor The Clerk of the Council having read a report from the Planning Commission recommending the an- nexation of certain property North of Kerns Addition and South of Englewood and further recommend - ing,that said property be classified as R -3, Multiple family residence, and Dr. Don E. Foster, petitioner, being present, it was MOVED by Morrissey, seconded by Kurbitz that the Council meet with,Dr. Foster to determine if the property described in his Notice of Intention to Commence Annexation proceedings will be accepted for annexation and if the owners thereof will be required to assume the City's indebtedness: Carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. /It having been determined that Dr. Foster owns 100% of the property to be annexed, it was MOVED by Robinson, seconded by Morrissey that the property described in Petition No. 138 and filed by Dr. Don E. Foster be accepted for annexation and that the owner of said property not be required to assume the City's indebtedness: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. 'Discussion determined that it would not.be necessary for the Review Board to meet on this matter since the property to be annexed is less than 10 acres and less than $200,000.00 valuation and City Attorney Andrews was ordered to prepare for the next regular meeting of the Council, the order fixing the date of hearing on this matter for May 21, 1962. r 02 MAY 72 1962 The City Engineer reporting the following estimates for work performed on City projects during the month of April, 1962 - Kiwanis Park Well Pump & Pumphouse Sch 1 S Const. Co. LID #898 859.48 C & S ;Kiwanis Park Well Pump & Pumphouse Sch 11 Kiwanis Park Well Pump & Pumphouse Sch 111 Kiwanis Park Well Pump & Pumphouse Sch 1V Lincoln Av- Sunset Dr & Various Residential Sts. Westover Dr., N. 45th, Hagar & Alleys lBroadmoor & Broadmoor #2 the following are final estimates: Ditter Place, Meadow Courts, Peach Ten & Drake Add. Sch. 1 Ditter Place, Meadow Courts, Peach Ten & Drake Add. Sch. 11 Ditter Place, Meadow Courts, Peach Ten & Drake Add. Sch. 111 Picatti Bros. $ -0- V K Powell 2,615.19 Picatti Bros. 93.77 Val-ley Plbg. & Htg. 750.08 Superio r'Asphalt 484.50 f� fr 224.92 It 79.69 C & S Const. Co. LID #898 11277.21 C & S Const. Co. LID #898 859.48 C & S Const. Co. LID #897 375.00 Ditter Place, Meadow Courts, Peach Ten & Drake Add. Sch. 1V C & S Const. Co. LID #898 997.70 it was MOVED by Barber, seconded by Morrissey that said progress report be accepted and the estimates set forth therein be paid: carried, -Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. The following investment report .having been submitted by the City Treasurer and read by the Clerk of the Council: April 30, 1962 (City Manager Yakima, Washington IDear Sir: The following investments were purchased during the month of April: A. E. LAR.SON LIBRARY TRUST Savings in Yakima Federal Savings & Loan Asstn - Account No. 48715 $ 91600.00 $ 9,600.00 FIREMEN'S RELIEF & PENSION Yakima L.I.D. #892 - Warrant 7 21$43.29 Yakima L.I.D. #892 - Warrant 8 49.20 Yakima L.I.D. #896 - Warrant 4 2,436.54 _5029.03 IL. I. GUARANTY Yakima L.I.D. #895 - Warrant 3 19015.79 Yakima L.I.D. #897 - Warrant 2 255.00 11270.79 CEMETERY TRUST Yakima L.I.D. #898 - Warrant 10 4,758.50 4,758.50 OTATER DEPOSIT U.S. Treasury Discount Bills j'#9827222/3 10M Due July 12, 1962 19,870.95 19,870.95 40,$29:27 The following investments were sold during the month of April: WATER DEPOSIT Yakima L.I.D. #833 - Bonds 16/18 12500.00 Yakima L.I.D. #834 - Bonds 17/21 2,500.00 U S Treasury Discount Bills #8802510/11 @ 10M 19,557.51 23,557.51 FIRENEN'S RELIEF & PENSION Yakima L.I.D. #837 - Bonds 21/25 2,500.00 Yakima L.I.D. #867 - Bonds 7/9 1,500.00 Yakima L.I.D. #872 - Bonds 5/8 11200.00 Yakima L.I.D. #890 - Bonds 1/3 253.06 P 8,.133.92 Yakima L.I.D. #889 - Bonds 1/6 2,6$0.86 fl E 303 MAY 7, 1962 IlInvestments sold during the month of April (Continued) 1 IJ 1 51,035.83 APPROVED: INVESTMENT COMMITTEE Yours very truly,. John M. Larson Mayor George D. Smith , City Manager Gladys H. Richter Gladys H. Richter, City Treasurer City Treasurer t was MOVED by Lemon, seconded by Robinson that said report be approved and accepted: carried, arber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. James S. Hogan, Municipal Judge for the City of Yakima, requested the Council to appoint a committee to up date the ordinances of the City of Yakima. After discussion, it was MOVED by Robinson, seconded by Lemon that this matter be referred to the City Manager for study and report: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. There being no further business to come before the Council, it was MOVED by Barber; seconded by Kurbitz that we do now adjourn at the hour of 5 P.M., carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. ATTEST: r CEMETERY TRUST Yakima L.I.D. #664 - Bonds 300/301 11000.00 Yakima L.I.D. #717 - Bond 16 100.00 Yakima L.I.D. #724 - Bond 15 200.00 Yakima Yakima L.I.D. L.I.D. #737 - #760 - Bonds Bonds 83/86 30/31 21000.00 1,000.00 Yakima L.I.D. #765 - Bond 11 200.00 Yakima L.I.D. #878 - Bonds 5/9 2,500.00 Yakima L.I.D. #8$3 - Bonds 1/12 30$1.61 Yakima L.I.D. #8$5 - Bonds 1/3, 1,199.27 Yakima L.I.D. #887 - Bonds 1/10 4,563.52 16,144.40 A. E. LARSON LIBRARY TRUST Yakima L.I.D. #766 - Bonds 11/12 200.00 Yakima L.I.D. #879 - Bonds 8/13 3,000.00 3,200.00 1 IJ 1 51,035.83 APPROVED: INVESTMENT COMMITTEE Yours very truly,. John M. Larson Mayor George D. Smith , City Manager Gladys H. Richter Gladys H. Richter, City Treasurer City Treasurer t was MOVED by Lemon, seconded by Robinson that said report be approved and accepted: carried, arber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. James S. Hogan, Municipal Judge for the City of Yakima, requested the Council to appoint a committee to up date the ordinances of the City of Yakima. After discussion, it was MOVED by Robinson, seconded by Lemon that this matter be referred to the City Manager for study and report: carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. There being no further business to come before the Council, it was MOVED by Barber; seconded by Kurbitz that we do now adjourn at the hour of 5 P.M., carried, Barber, Kurbitz, Larson, Lemon, Morrissey and Robinson voting aye by voice vote. Bostic absent. ATTEST: r