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HomeMy WebLinkAbout06/18/1962 Business Meetingr 322 JUNE 1$, 1962 The City Council met in regular session, Mayor and Robinson, and City Attorney Andrews present City Manager Smith absent and on vacation. The invocation was given by Councilman Munger. Larson, Councilmen Brazier, Kurbitz, Lynch, Munger on roll call. Councilmen Lemon absent and excused' The minutes of the regular meeting of June 11, 1962 were approved as read. In accordance with action taken by the City Council at their regular meeting of June 11, 1962, an ordinance relating to outside promotional sales, prohibiting nuisances and regulating such sales, was read by Counbilman'.Robinsoftl and it was MOVED by him , seconded by Brazier that Ordinance No. 348 providing for said regulations, be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. /Discussion of the matter of 28 days duration for each sale, pointed out that this would cover sales of bedding plant; in the spring and that most other promotional sales would be for,- Ishorter periods. ORDINANCE NO. 348, AN ORDINANCE relating to outside promotional sales; prohibiting nuisances and regulating such sales; providing for a permit for such sales in B -2, Local Business Zones; provid- ing penalties for the violation of the provisions hereof; adding a new Chapter 5.53 to the City of Yakima Municipal Code; and declaring an emergency. Also in accordance with action taken by the City Council at their regular meeting on June 11, 1962 an ordinance amending the Zoning Code and permitting and regulating outside promotional sales in B -2, Local Business Zone, was read by Councilman Robinson, and it was MOVED by Lynch, seconded by Kurbitz that Ordinance No. 349 providing for said amendment, be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 3492 AN ORDINANCE limiting and regulating uses of property permitted in a B -2, Local Business Zone; permitting and regulating ouside promotional sales; amending Section 12.32. 020 of the City of Yakima Municipal Code; and declaring an emergency. In accordance.with action taken by the City Council at their regular meeting of June 11, 1962, an ordinance amending the zoning Code and permitting the operation of pet shops in a B -2, Local Business Zones and defining Pet Shops, was read by the Clerk of the Council and it was MOVED by Kurbitz, seconded by Lynch that Ordirance 350 providing for said operations and amending said code, be passed as read: carried,iBrazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. ZCouncilman Kurbitz presented signed statements executed by persons living in the area of 1119 Division, stating that they have no objections to a pet shop in this vicinity. ORDINANCE N0. 350, AN ORDINANCE relating to zo#ing; permitting the operation of pet shop business in B -2, Local Business Zones, and regulating the type of pet shop business so allowed; amending Section 12.32.010 of the City of Yakima Municipal Code; and declaring an emergency. The Planning Commission having recommended that the Subdivision-Code be amended to eliminate the conflict which exists between said Code and the Zoning.Code in the matter of minimum lot size and demension, it was MOVED by Lynch, seconded by Munger that Ordinance No. 351 relating to the Subdivision Ordinance and amending said code, be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger, and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 351, AN ORDINANCE relating to subdivision design requirements within the City of Yakima, setting forth lot requirements, amending Section 14.06.100 of the City of Yakima Municipal Code, and declaring an emergency. This being the time fixed for the hearing on Petition No. 145 and Resolution No. D -410 requesting and setting forth the intention to improve certain property on Conestoga Blvd., North 46th Ave., Modesto Way, North 47th Avenue and North Nob Hill Road by constructing sanitary sewers and con- structing a sewer lift station.:. to serve the South 16 Lots of Carriage Hill Addition, Schafer Addition and Larson Lots, an Ordinance creating a local improvement district was read by the Clerk of the Council and it was MOVED by Robinson, seconded by Lynch that said ordinance be passed as read: Upon discussion of this ordinance, it was MOVED by Robinson, seconded by Lynch that Section 3 be amended in the last line to read "said property being described in Section 211: carried, Brazier, Kurbitz,'Larson;; Lync,, Munger and Robinson voting aye by voice vote. Lemon absent. In discussion of the project, vir. C. W. Nau protested the estimated costto: him and Public Works Director Mayo explained that the assessment for the Lift Station will be $72.50 and while Mr. Nau's property is not platted, it is being figured on the basis of 6 lots and that if it is platted before the project is finished the cost will be less. Mr. Mayo also stated that this project will be started in July. Mr. Delmar Grbenig and Mr Gordi.nier inquired as to whether or not they will receive service and were assured that they will. All persons having been heard and there being no protests in writing, Mayor Larson called for a roll call vote on the original motion as amended and Ordinance No. 352 providing for said improvements and creating L.I.D. No. 900, was passed as amended: carried, Brazier, Kurbits, Larson, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 352, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes and by constructing a sewer lift station; establishing a Local Improvement District; providing for the method of payment thereof; and creating a special fund. This being the time fixed by the City Council for the hearing on Petition No. 143 and Resolution No. D -411 requesting and setting forth the intention to improve certain property in Carriage Hill Addition by constructing water mains and other appurtenances, and there being no protests in writing or otherwise, it was MOVED by Lynch, seconded by Brazier that Ordinance No. 353 providing for said improvements and creating L.t.D. No. 901, be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 3532 AN ORDINANCE providing for the improvement of certain property by construct- ing the necessary mains, fire hydrants, valves and other appurtenances-for the purpose of supply- ing water for domestic use and fire protection; establishing a Local Improvement District, provid- ing for the method of payment thereof, and creating a special fund. This being the time fixed by the Council for the hearing on the assessment roll for L.I.D. No. $$4 being the Sycamore Avenue Domestic Water District and there being no protests in writing or other- wise, it was -MOVED by Robinson, seconded by Munger that Ordinance No. 354 confirming said assess- ment roll and every part thereof', be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on .roll call. Lemon absent. Is G 1 1 y F: 323 JUNE 1$, 1962 of .federal prisoners; and the City Council deems it to be in.th.e best interests of the City that ORDINANCE NO. 354, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. $84 as created and established by Ordinance No. 110 of the Ordinances of the City of Yakima. This being the time fixed by the City Council for the hearing on the assessment roll for L.I.D. No. 897, being the Drake Addition Sanitary Sewer, it was MOVED by Robinson, seconded by Kurbitz that the ordinance confirming said assessm -ent roll, be passed as read. Mr. H. B. Murphy having filed a written request, asking that ,.his property be deleted from this district since he cannot receive service because he has only 1/16" fall which will not be adequate and stating further that according to an estimate received from Settlemeyer Plumbing & Heating Company, it will cost X160.00 to raise the pipes in his home to secure the proper fall and he will be without water for three days while the work is being done. Mr. and Mrs. Murphy being present at this meeting were heard on this matter and Public Works Director Mayo explained that this property can be served with some modification of the inside plumbing so that there is a benefit even though theydo not hook up to the lines immediately and he recommended that the assessment for Mr.. Murphys property be reduced by the cost of the plumbing modification, thus putting this property on the same cost basis as the properties to the north where the pipe is deeper and no problem exists. All persons having been heard, and it being agreeable with Mr. & Mrs. Murphy, and the City Council sitting as a board of equalization for the purpose of considering this assessment roll, it was -MOVED by Robinson, seconded by Lynch that the assessment of $347.61 on the property of H. B. Murphy in L.I.D. No. $97, be reduced $160.00 making the total assessment $187.61: carried, Brazier, Kurbit Larson, Lynch, Munger and Robinson voting aye on roll call. /IUIr. Mayo also recommended that any reduction made in the Murphy assessment be offset by a change in the cost charged to the project for engineering services. There being no other protests in writing or otherwise, Mayor: L6rs6nkcalled for the roll call vote on the motion to pass Ordinance No. 355 confirming said assessment roll as adjusted and it was passed: Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 355, AN OR confirming the assessment roll covering Local Improvement Distri No. 897 as created and established by Ordinance No. 295 of the Ordinances of the City of Yakima. This being the time fixed by the Council for the hearing on the assessment roll for L.I.D. No. $9 being the Ditter Place, Meadow Courts and Peach Ten Sanitary Sewer District, and there being no protests in writing or otherwise, it was MOVED by Lynch, seconded by Munger that Ordinance No. 35 confirming said assessment roll be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 3561 AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 898 as created and established by Ordinance No. 296 of the Ordinances of the City of Yakima. Petition No. 149 Navin be xl file with the City Clerk on the 11th day of June, 1962, by.Gale E. Thompson and others /Eggu26 PaHion of a local improvement district for the construction of Water Mains and other appurtenances, it was MOVED by Robinson, seconded by Munger that said petition be referred to the City Manager and staff for study and recommendation: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote. Lemon absent, Petition No. 150 having been filed with the City Clerk on the 15th day of June, 1962 by Glascam Builders, Inc., and others, praying for the annexation of certain property South of Nob Hill Boulevard, and the matter of accepting their Notice of Intention to Commence Annexation Proceedin and the meeting with the officers and representatives of said petitioners to determine whether or not the owners of said property will be required to assume the City's indebtedness having been, considered.and determined by the Council at their regular meetings of April 30, and May 7, 1962 respectively, it was MOVED by Robinson, seconded by Kurbitz that Petition No. 150 be approved and the Mayor be and is hereby authorized to convene the Review Board as specified by statue to con- sider said petition and that said petition be referred to the Planning Commission for study and recommendation as to zoing: carried, Brazier, - Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote. Lemon absent. Miss Bernice Wetzel, property owner in this area, pointed out that the street adjacent to her property is not a publicly dedicated street, but-was opened to serve the property to the south, and that the property must be purchased if it is to become a permanent street. Since this matter does not affect annexation, no formal action was taken. In accordance with action taken by the City Council at their regular meeting of June 11, 1962 on a Notice of Intention to Commence Annexation Proceedings-as filed by C. L. Shelton and others for Eden House Nursing Home, Inc., and Mr. Fred Velikanji, attorney for said petitioners, Mr. Shelton and Mr. Ben�-,.Mumaw being present and representing Eden House Nursing Home, Inc., it was MOVED by Brazier, seconded by Kurbitz that Petition No. 151 as filed with the City Clerk at this meeting, be accept�e .,d ancd that the :owners 'bf, th`e property therein described not be required to assume the City's indebtedness: carrie , Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote. Lemon absent, t was then MOVED by Robinson, seconded by Munger that the Mayor be and is hereby authorized to'convene.the review board as specified by statue to consider Petition No. 151 for annexation and that said petition be referred to the City Planning Commission for study and recommendation on matters of zoning: carried Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote. Lemon absent./,Discussion pointed out that the State Pollution Control has ordered that no more hookups to sewers be allowed to give service outside the City limits.on overloaded sewer lines, which is the case in this area., An ordinance appropriating $11,500.00 from the unappropriated moneys to the Sewer Expansion Fund, having been read in its entirety, was ordered laid on the table for one week to be read and con- sidered at the next regular Council meeting on June 25, 1962. Moved by Robinson, seconded by Munger that Resolution No. D -423 authorizing the execution.of a contract with the United States of America for detention of prisoners in the City Jail, be passed as read: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye on roll call. Lemon absent.. RESOLUTION NO. D -423, A RESOLUTION authorizing the City-Manager and the City Clerk to execute a contract with the United States of America for detention of prisoners in the Yakima City Jail. WHEREAS, a contract presently exists between the'City of Yakima and the United States of America, Department of Justice, Bureau of Prisons, Washington, D. C., whereby the City detains federal prisoners in the Yakima City 'Jail, and WHEREAS, said existing contract will expire on June 30, 1962, and it is necessary that a new contract be executed'to continue the existing arrangement ­for such detention of .federal prisoners; and the City Council deems it to be in.th.e best interests of the City that r 324 JUNE 18, 1962 such new contract be executed, now, therefore, 4E 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 to execute a Contract for Service in Nonfederal Institution, a copy of which contract is attached hereto and by reference made a part hereof. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 18th day of June, 1962. (S E A L) JOHN M. LARSON Mayor Manager Smith commencing his vacation on this date, it was MOVED by Brazier, seconded by Munger that Resolution No. D -424 appointing Fred H. Andrews, City Attorney, as acting City Manager comenc ing June--1;18:, 1962 until July 2, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lyncr Munger and Robinson voting aye on roll call. Lemon absent. RESOLUTION NO. D -424, A RESOLUTION appointing Fred H. Andrews as Acting City Manager. WHEREAS, City Manager George D. Smith contemplates being absent from.the City of Yakima for a period of time commencing June 18, 1962, until July 2, 1962, and WHEREAS, it is necessary that an Acting City Manager be appointed and authorized to perform the.duties of the office of City Manager during said period of time, and the City Council of the City of Yakima finds Fred H. Andrews, Yakima City Attorney, a suitable person to be so appointed, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That Fred. H. Andrews, Yakima City Attorney, is hereby appointed Acting City Manager for the period of time commencing June 18, 1962, until July 2, 1962, and is hereby authorized to perform the duties of the office of City Manager during such time. ADOPTED BY THE CITY ODUNCIL this 18th day of. June, 1962. ATTEST: J. A. SMITH (S E A L) JOHN M. LARSON. City Clerk Mayor The following applications for Fireworks permits having been filed for approval American Legion Post #36, 307 West Walnut Yakima County Jr. Sheriffs Posse, 1723 South lst Street Dietzens Inc., 12 North 9th Avenue Junior Chamber of Commerce, 4103 and 4105 Summitview Avenue Southgate Super Duper, 401 West Lenox ,it was MOVED by Robinson, seconded by Lynch that said applications be approved: carried, Brazier,) Kurbitz, Larson, Lynch, Munger. and Robinson voting aye on roll call. Lemon absent. Mr. Jess E. Barber, no longer being a member of the City Council, it is necessary to appoint a member of the Council to the Yakima City County Health Board and it was MOVED by Lynch, seconded by Brazier that Councilman Kurbitz be appointed to said Board: carried, Brazier, Larson, Lynch, Munger and Robinson voting aye by voice vote. Kurbitz not voting. Lemon absent. Acting City Manager Andrews reporting that.he has been unable to complete a contract with Dual Parking Meter Company with payments to be made on an annual basis and requesting permission to execute a contract providing for semiannual payments, it was MOVED by Munger, seconded by Kurbitz that the new purchase contract No. 31312 providing for semiannual payments be accepted and anprovei carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote' Lemon absent. There being no further business to come before the Council, it was MOVED by Lynch, seconded by Kurbitz that we do now adjourn at the hour of 5:45 P.M.: carried, Brazier, Kurbitz, Larson, Lynch, Munger and Robinson voting aye by voice vote. Lemon absent. ATTEST: /I T Y C L E R K 1 1 1 1