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HomeMy WebLinkAbout08/27/1962 Business MeetingAUGUST 2'_, 1962 The City Council met in regular session, Mayor Larson, Councilmen Brazier, Kurbitz, Lemon, Lynch, Munger and Rcbinson, City Manager Smith and City Attorney Andrews, present on roll call. The invocation was given by Councilman Munger. The minutes of the regular meeting of Au,-­ust 20, 1962 were approved as corrected. Mayor Larson introduced to members of the Council, Mr. Joseph Niambi, Town Clerk from Ni eria, South Africa, who is visiting our City and studying our operations. This being the time fixed by the City Council for the hearing on Resolution No. D -431 and Petition No. 149 as filed b,,r Gale Thompson and others, requesting the formation of a local improvement district for the construction of water mains and other anpurtena.nces, an ordinance providing for said improvement and creating a local improvement district, was read and it was MOVED by Robinson, seconded by Lemon that said ordinance be passed as read. Discussion followed. Mrs' G. C. Hamilton 1702 Garrett Street, filed written protests with the Council and also protested this project orall Other property owners present and protesting this project were, Mr. and Mrs. Henry I. Webster, 816 North 16th Avenue,'Ada Dumford, 818 North 16th Avenue, Mrs. Evva Staatts, 820 North 18th Ave., Mrs. Hallie C. Henderson 810 North 16th Avenue. These persons protested this project on the basis that they have satisfactory water service, that they are still paying.-for a.sewer'in; their area and can not afford more assessments and that many of the people in this area are pensioners and persons with limited incomes which can not afford this improvement. Mrs. Thomas Noel, 804 North 18th Aveni.ie spoke for the project and explained that she is on a very small line and when the neighbors are using the water, she has little or no pressure. Mrs. Maud Hubbert and Mrs. Henry Pfaff of-.1227 Fruitvale Boulevard and 806 North 18th Avenue respectively, also spoke in favor of this project. Councilman Robinson pointed out that cost of construction is increasing and this project will probably cost more if put off until a later date. Councilman Lvnch pointed out that some $9,000.00 of the cost of this project is to be borne- by the City and encouraged property owners to consider this opportunity. Public Works Director Maw ha i.ng computed the tentage of protest explained that written protests now on file is only 34.6%%. h1A'l figure psons phav ng been heard both for and against this matter, it was MOVED by Brazier, seconded by Lemon that this hearing be continued for one week or until September 4, 1962 and that the staff make a more complete study of the protests and submit further recommendations on this project: carried, Brazier, Kurbitz, La.rso Lemon, Lynch, Munger and Robinson voting aye by voice vote. Petition No. 157 requesting the formation of a local improvement district for the construction of curbs, gutters and. the surfacing of a portion of South 28th Avenue, having been filed with the City Clerk on August 27, 1962 by John J. Anderson, it was MOVED by Robinson, seconded by Munger that said petition be accepted and included in the resolution of intention as prepared for this meeting: carried, Brazier, Kurbitz, Larson, Lemon, Lvnch, Munger and Robinson voting aye by voice vote. Moved by Lynch, seconded by Kurbitz that Ordinance No. 376 eliminatin certain property from irrigation maintenance charges, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Discussion disclosed that this property was deeded to the City for alley purposes and has not been used as yet.for this purpose. ORDINANCE NO. 376, AN ORDINANCE eliminating the West 20 feet of Lots 1 and 2, Block 1, Memorial Addition, from irrigation maintenance charges of Local Improvement District No. 664. Moved by Robinson, seconded by Lynch that Resolution No. D -444 authorizing and directing the City Manager to accept a federal grant for sewage treatment works, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Councilman Brazier withheld his vote until all other Councilmen had voted and then explained that he does not wish to be an "obstructionist's since the Council has previously committed itself on this matter and while he feels that th.e Federal Government has certain responsibilities in the matter of sewers and pollution control he is still opposed to federal participation in matters . concerning municipalities. Councilmen Kurbitz and Lemon concurred with Councilman Brazier on the matter of federal participation. IRESOLTJ',r'ION NO. D -4442 A RESOLUTION authorizing tnd directing the City Manager of the City of Yakima to accept a federal grant for sewage treatment works. WHEREAS, the City of Yakima contemplates the construction for a sewage facility known as the Washington Avenue Interceptor Sewer for a total estimated cost of $217,650.00, and WHEREAS, the Federal Government, through the Department of Health, Education, and Welfare, has offered to participate in such a construction project by granting the City of Yakima the amount of $65,140.00 to apply towards the cost of such construction project, anc WHEREAS, the City Council of the City of Yakima deems it in the best in- terests of the Citv that the offer of a federal grant for sewage construction project be accepted, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager of the City of Yakiha is hereby authorized and direct- ed to accept the offer of a Federal Grant for Sewage Treatment Works by the execution of the contract attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 27th day of August, 1962. ATTEST: MARIE DONELSON (S E A L) JOHN M. LARSON Deputy City Clerk Mayor Moved by Lemon, seconded by Munger that Resolution No. D -445, being a resolution of intention to improve certain property by constructing curbs and gutters and,,the surfacing of certain streets and alleys as requested bI;r petitions, number 91�, 100; 102; 108, 118, 127, 128; 139; 141, 142; 147, 148,V 155, 156; 157; 158, 159, 160v and fixing the date of hearing on said resolution and petitions for the 17th day of September, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. IR1SOLUTION NO. D -445 (see next page) . I 1 1 1 1 1 1 1 349 AUGUST 27, 1962 n RESOLUTION-NO. D -445, A RESOLUTION of intention to create a local improvement district. BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF YAKIMA: Section 1. That it is its intention to improve the following streets by grading, ballasting, surfacing with asphalt concrete and constructing concrete curbs and gutters, together with necessary drainage features: 1. No. 54th Avenue from Englewood Avenue to Englewood Hill Drive. 2. Englewood Hill Drive from a point 2701 East of Minnesota Avenue to a point 880' East of Minnesota Avenue. 3. North 4 7th Avenue from Englewood Avenue to a point 7001 North thereof. 4. Mavis Avenue from North 40th Avenue East to the Yakima Valley Canal Company R /W. 42nd Avenue from the Yakima Valley Canal Company R/W to Mar Lin': Drive. 6. Mary Lin Drive from North 42nd Avenue to a point 50011 West thereof. 7. Barge Street from North 42nd Avenue to a point 510' West thereof. 8. Willow Street - North and South of P.P. & L. Wasteway from North 6th Avenue to a point 145' West of North 9th Avenue. 9. The North 206.3' of Hanratty Drive. 10. South 28th Avenue from Nob Hill Blvd. to West Viola Avenue. 11. South 21st Avenue from West Viola Avenue to a point 300', more or less South of Logan Avenue. 12. Plath Avenue from South 18th Avenue to South 20th Avenue. 13. Conestoga Blvd. from North Nob Hill Road to 'a point 750', more or less East thereof. Section 2. That the following street shall be widened and improved by grading, ballasting, surfacing with portland cement concrete and constructing concrete curbs and gutters, together with necessary drainage features: 1. South 9th Avenue from West Chestnut Street to West Walnut Street. Section 3. That the following street shall be widened and improved by grading, ballasting, surfacing with asphalt concrete and constructing concrete curbs and gutters, together with necessary drainage.features: 1. South half of West Chestnut Street from South 9th Avenue to South 10th Avenue. Section 4. That the following street shall be improved by grading, bal- lasting, and surfacing with asphalt concrete, together with any necessary drainage features: 1. East Washington Street from South lst Street to N.P.R.R. R /W. Section 5. That the following alleys shall be improved by grading, bal- lasting, and surfacing with asphalt concrete: 1. Alley in Block 7, Town of North Yakima. 2. Alley in Block 355, Capitol Addition to Yakima., 3. Alley in Block 357, Bartholet's Addition and Block 4, The El Dorado Addition 4. Alley in Block 288, Ker',s Second Addition. 5. Alley abutting upon the following described properties: The South 63.31 of the North 268.21 of the West 140' of East 170' of the NE4, NW4, SE4, NE4, Section 26, Township 13 North, Range 18, E.W.M.; Except the West 7', also known as Lot 4, Lombard Quarter Acre Tracts Unrecorded; and, the South 63.31 of the North 268.21 of the East 1401 of the West 165' of the NE4, NW4, SE4, NE4, Section 26, Township 13 North, Range 18, E.W.M., Except the East 7', also known as Lot 7, Lombard Quarter Acre Tracts Unrecorded. Section 6. 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 o'clock P.M. on Monday the 17th day of September, 1962, 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. Section 7. All costs and expenses in connection with the construction of said improvements, including the engineering, inspection, advertising, publication of notices, and all other expenses incident thereto, shall be levied and assessed against all of the property r 350 AUGUST 27, 1962 Illegally and properly assessable therefor as provided by the laws and as above described. II Section 8. The assessments shall be made according to special benefits derived from the improvement without regard to the zone and termini method. Section 9. 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 informa- tion required by 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. ADOPTED BY THE CITY COUNCIL this 27th day of August, 1962. ATTEST: MARIE DONELSON (S E A L) JOHN M. LARSON Deputy City. Clerk Mayor Mayor Larson having called for new business; it was MOVED by Munger, seconded by Lynch that the City Attorney be instructed to prepare the necessary ordinances to place on the November General Election Ballot, the proposition submitting to the voters, a General Obligation Bond issue for a Lenox Overpass, Arterial and Non- arterial Street Improvements and Storm Drainage Facilities as recently recommended by the Citizens Development Committee: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye bv voice vote. The terms for five membersof the Planning Commission expiring on the 31st day of August, 1962, the City Council proceeded to nominate and appoint members to serve as follows: 2 members for a term of six years - expiring 8/31/68 1 member for a three-year term - expiring 8/31/65 1 member for. a tw' o:, year term _ - expiring 8/31/64 1 member for a one year term - expiring 8/31/63 . Councilman Munger nominated 1"ir. Herb Frank and Councilman Robinson nominated Mr. Jim Cowan to serve on the Planning Commission for a period of six years. MOVED by Lynch, seconded by Lemon tha- the nominations be closed and Mr. Herb Frank and Mr. Jim Cowan be appointed to the Planning g - Commission for a period of six years or until August 31, 19 :— carried, Larson, Lemon, Lvnch, Munger and Robinson voting aye by voice vote. Brazier and Kurbitz voting Nay by voice vote. The Council then considered nominees for the three year position on the Planning Commission and Councilman Robinson nominated Mr. Charles Fowler and Councilman Lynch nominated Gene Shields. Mayor Larson then called for a roll call votei.'to determine which nominee is to be appointed to the Planning Commission:and Councilmen Brazier and Lynch voted for Gene Shields and Councilmen Kurbitz, Larson, Lemon, Munger and Robinson voted for Charles Fowler. Mr. Fowler having received the majority vote, it was MOVED by Robinson, seconded by Lemon that Mr. Charles Fowler be and is hereby appointed to serve on the Planning Commission for a three year term or until August 31, 1965:_ carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting,aye by voice vote. The matter of a nominee for the two year position was then considered and Councilman Kurbitz II nominated Mr. Walter Philipp, Councilman Lynch nominated Gene Shields and Councilman Robinson nominated Jack Crimin. Mayor Larson then called for a roll call vote to determine which nominee is to be appointed to the Planning Commission and Councilman Brazier, Lynch, Munger and Robinson voted for Gene Shields; Councilmen Larson and .Lemon voted for Jack Crimin and .CoundilmAh, Kurbitz voted for Walter Philipp. :Mayor =Larsori and. Councilman ;Lemon vtishing. -to :make it a unanimous vote changed their vote to Mr. Shield, but Mr. Kurbitz stood on his vote far Mr. Philipp. Mr. Shields having received a majority vote, it was MOVED by Brazier, seconded by Lynch that I'vIr. Gene Shields be and is hereby appointed to serve on the Planning Commission for a period of two years or until August 31,, 1964: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. The matter of a one year term on the Planning Commission was then considered and Councilman Lemon nominated Walter Philipp and Councilman Robinson nominated U.ack Crimin: Mayor Larson then called for a roll call vote to determine which nominee is to be appointed to the Planning dommission for one vear term and Councilmen Brazier, Kurbitz, Larson, Lemon, Lynch and Munger voted for Walter Philipp. Councilman Robinson voted for Jack Crimin. Mr. Philipps having received a majority vote it was MOVED by Lynch, seconded by Kurbitz that Walter Philipp be and is hereby appointed to the Planning Commission for a one year term or until August 31, 1963: carried, Brazier, Ku.rbita, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. CORRECTION: BRAZIER ABSTAINEDI from voting on the one year term since he is not acquainted with either of the nominees. ordered 9 4/62 Public Works Director, John Mayo reported that approval of the City's plans for constructing an exit on to East Yakima Aveni-Le through the fence erected by the State Hi.,;hway in the construction of the By -Pass Highway �a� }gam =rte. , has been received and that we must now formally accept certain conditions as set forth by the State Highway before the temporary permit will be f effective. In accordance. with a request made Icy the Council at their regular meeting of August 20, 1962 re- garding the complaint of Mr. Ben Mumaw �-rith reference to the Eden .House Nursing_ Home, Manager Smith reported that the Citv Building and Plumbing Inspectors and Mr. Sterling Throssel, Chief Sanitarian for the Health Department, have made an inspection and have reported a list of viola- tions which in most instances appear to, befairly minor. He further reported that Mr. Throssel is going to request Mr.. Shelton, owner and operator of Eden House Nursing Home to make the required corrections. With reference to the City's legal authority to enforce compliance in newly annexed areas,he reported that the City Attorney is briefing this matter. Mr. Ben Mumaw, Plumbing contractor and neighbor to said nursing home, being present, now insisted that the Permit and Inspection Fees should be collected by the City and accused the Council of showing favoritism. Councilman Robinson explained that service connections must be made before inspections can be madF as no city permits were taken out, that the inspection and permit fees were only part of this situation, that the City needed five feet of right of way for Street from Mr. Shelton,the owner, and that he feels that nothing can be done now until correction of the violations have been made. Mayor Larson again pointed out the need for County Zoning and stated that until we 'have such zon- ing, we can do nothing unless residents voluntarily want to build to city standards. Councilman Brazier spoke on behalf of the Council stating there had been no conscious favoritism in the case of the Eden House N>>rsing Home. There being no further business to come before the Council, it was MOVED by Brazier, seconded by Kurbitz, that we do now adjourn at the hour of 4:48 P.M. carried, Brazier, Kurbitz, Larson, Lemon, Lynch, 1,11unger d Robinson voting aye by voice vote. ATTEST: 4 i' l�jr -rte - - - -- �� C I T Y C L E R K 1 1 1 1