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HomeMy WebLinkAbout11/05/1962 Business Meetingr 372 NOVEMBER 51 1962 The City Council met in regular session, Mayor Larson, Councilmen Brazier, Larson, Lemon, Lynch, Munger and Robinson, City Manager Smith and City Attorney Andrews present on roll call. The invocation was given by Councilman Brazier. The minutes of the regular meeting of October 29, 1962 were approved as corrected. In accordance with action taken by the City Council at their regular meeting of October 29, 1962, the matter of a damage claim .filed by John Edinger, Sr. was brought on for consideration. Mayor Larson called upon City Attorney Andrews for a report of his investigations. Attorney Andrews related that on Tuesday of the past week he talked with Henry Luckett, retired City Employee of the Water Department and that Mr. Luckett recalled clearly the events that took place the day he turned on the water at 721 West Lenox Avenue, rental property owned by Mr. Edinger, and that there were many discrepancies between Mr. Luckett's version of what occurred and Mr. Edinger's version of the same event. He further related that Mr. Edinger has given him an itemized statement of his expenses and that they amount to $29.00 as opposed to the $40.00 filed on the original claim and that he could only conclude that there is no factual basis on which to pay the claim, but should the Council decide to award payment, there is no basis for awarding a total payment in ex- cess of $29.00. Councilman Robinson asked Mr. Edinger if Mrs. Libby, the renter of_ this property, would be willing to come in next week to confirm Mr. Edinger's version of the event and explained that if she would, he would move to have this matter continued for one more week. Mr. Edinger stated that he wasn't sure he could locate Mrs. Libby, but that he would try to get her.to come in, It was then MOVED by Robinson, seconded by Munger that this matter be continued one week or until the regular meeting of November 13, 1962: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. This being the time .fixed by the `'ity Council for the hearing on the appeal from the decision of the Planning Commission in the matter of rezoning certain property at 201 Hall Avenue from R -3, Multiple Family Dwellings to B -2, Local Business zone as requested by Mr. Michael A. Polo, Mayor Larson opened the hearing and asked for comments. Judge Thomas E. Grady, attorney represent. ing Mr. Polq explained the circumstances surrounding the petition for rezone stating that the house now existing on the property is a remodeled barn, which is in a run down condition and that Mr. Polo is a barber and would like to construct a modern -type concrete building for a barber shop and one office space. Mr. Grady then recited the reasons why the Planning Commission denied the re.zone stating th.�t;l. there is already enough business area surrounding the property; 2. that this building will be on the Summi.tview right -of -way as far as ingress and egress to the property; (on this point Mr. Grady explained that the plan is to use Hall Avenue as the primary ingress and egress route) and 3. that this will be spot zoning. He further explained that they have canvassed the summitview area and most of the people were anxious to have the property zoned for business. Mr. L. G. Cronkhite,,property owner, stated that he opposes the rezone for the reason that there i; no guarantee that Mr. Polo will have to construct a barber shop and that once the property is zoned B -2, he-can sell the property and the buyer can come in and construct and operate any bus- iness authorized in B -2 zone. Mr. J. � %'. Hargreaves, property owner, stated that he is opposing the rezone because the area is a residential area and that the residents are opposed to the idea of traffic centering on Hall Avenue. Mrs. Paul M. Quist, property owner-at 209 Hall Avenue, expressed opposition to the rezone stating that people on Hall Avenue have filed a petition opposing the rezone, that business should not be constructed in a residential district and that there are other business lots available in this area. Councilman Brazier inquired as to the plans for off - street narking and Mr. Grady replied that provisions for off - street parking are included in Mr. Polo's plans. In answer to Councilman Brazier's inquiry as to the location of the building' on the property, Judge Grady stated that it would be in accordance with set -back requirements. Mr. Polo indicated that he is willing to do whatever is necessary to build in accordance with the City's codes and stated th_�t he is willing to construct a retaining wall around the property. Mrs, D. L. Uebelacker spoke in opposition to the rezone and said that there is a barber shop a block and a half from the area. Councilman Kurbitz. stated that he is a resident of this area and that he would like to see something done with the property to remove the old building. A'ir. Cronkhite suggested tht a duplex could be built to keep this property in accord with the existing residents; uses. In answer to an inquiry made by Councilman Brazier about the legality of spot zoning, City Attorney,Andrews replied that spot zoning; is defined as "giving a special privilege to the propert owner" and that some courts hold this to be a detriment to other general property owners in the area. In answer to Councilman Kurbitz's question as to who should be considered first in rezoning Planninp,, Director, Jerry Finley, stated that the welfare of the people should be the first con- sideration, the matter of how the property is to be developed, to traffic problems and to values in the area explaining that this value is not necessarily 'a retail value but includes the .right of a person to the enjoyment of their property. All persons having been heard both for and against this matter, it was MOVED by Robinson, seconded by Munger that Resolution No. D -469 affirming the action of the City Planning; Commission in denying the applica- tion or Michael A. Polo to rezone the property at 201 Hall Avenue, be passed as .read: carried, Brazier, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Kurbitz voting; nay on roll call. RESOLUTION NO. D -469, A RESOLUTION affirming the action of. the City Planning_ Commission in denyi the application of Michael A. Pblo to rezone certain property located at 201 Hall Avenue in the City of Yakima from R -3, Multiple Family Residential Zone, to B -2, Local Business Zone. Councilman Robinson having read an ordinance relating to business and occupation taxes on certain utilities, it was MOVED by Brazier, seconded by Kurbitz that Ordinance No. 390 be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Mr.. Ron Johnson, Manager of the Telephone Company being present stated that his company is in favor- of the adoption of the ordinance and the reduction of the tax. ORDIr,JANCE No. 390, AN ORDINANCE relating to business and occupation taxes upon certain utilities, fixing tax rates, providing for a surcharge, saving certain taxes and amending Section 5.50.050 of the City of Yakima Municipal Code. Councilman Robinson, having read Ordinance No. 391 relating to the classification and compensation plan for employees of the @ity, PZOVED; and Councilman Munger seconded that said ordinance be pass- ed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting a.ye on roll call. Mr. Garret Anderson, interested citizen, inquired about the step increases in the firemen's salaries. Manager 'smith explained that, except for the secretary they will all receive a half -range increase. Mr. Anderson also inquired as to the anticipated revenue from the Business and Occupational tax on utilities and. Mayor Larson answered that this tax was considered in awarding the step increases to the various personnel and that it was kept in mind that the anticipated revenue would be less than the previous year because of the reduction in rates. Mr. Anderson then inquired of the Council as to why they didn't feel it to be their civic duty to it 1 1 1 1 n 1 1 `7 3 NOVEMBER 5, 1962 submit the question of the business and occupational tax to the vote of the people in accordance with the 4,000 signatures received on the recent petition.:.: '. Brazier answered that the civic duty of the Council_ in their action of submitting the petition to a test in the courts was performed because the Council feels that the petition is invalid and that it would have been a waste of the citizen's money to hold an election. Councilmen Lynch .3.nd Brazier explained that they are not in .favor of continuing the B & -, 0 Tax but that the Council majority was,in favor of such an act. In answer to Councilmen Brazier's question as to whether or not every salary in the schedule was increased, Manager Sm -i.th replied that only those salaries that fell in the half range increase were raised and that all other-ranges remain the same. ORDINANCE NO. 3911 AN ORDINANCE relating to the Classification „nd Compensation Plan for employee; of the City of Yakima, and amending Sections 2.20.0$$ and 2.20.100 of the City of Yakima Municipal Code. In accordance with action taken by the Council at their regular meeting of October 29 19621 Councilman Robinson read Ordinance No. 392 eliminating the alley in Block 288, Ker's second Addition from L.I.D. No. 903 and it was MOVED by Lemon, seconded by Munger that said ordinance be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. In discussion, it was again pointed out that a 50% protest was filed in writing and the Council again reiterated its policy on voting against L.I.D's in which there is a 50% protest. ORDINANCE NO. 3929 AN ORDINANCE eliminating_ an alley from Local Improvement District No. 903, and amending Section 3 of Ordinance No. 378 of the City of Yakima. Moved by Lemon, seconded by Lynch that Resolution No. D -470 being a resolution of intention to improve certain property by constructing a pipe sewer and fixing the date of hearing for the 26th day of November, 1962 on said resolution and Petition No. 163 as .filed by D. A. Fellows and others be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -4701 A RESOLUTION of intention to create a local improvement district. Moved by Robinson, seconded. by Munger that Resolution No. D -471, being a resolution of intention to improve certain property by the construction of water mains and other appurtenances and fixing the date of hearing on said resolution and Petitions No. 162 as filed by D. A. Fellows and others, 16$ as filed by Eden House Nursing Home and others and. 138 as filed by Frank L. Mooney and others for the 26th day of November, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -471, A RESOLUTION of intention to create a local improvement district. Moved by Lynch, seconded_. by Robinson that,Resolution No. D -472 being a resolution of intention -to improve certain property by grading, ballasting and the surfacing of certain streets and the con- struction of concrete curbs and gutters as requested by Petition No. 170 as filed by John Fairbrook and others and fixing the date of hearing on these matters for the 26th day of November, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Discussion pointed out that the improvement of the North Half of West Viola Avenue from 28th Avenue to 31st Avenue is being instituted by Council action rather than petition and that the three houses on this street have applied for FHA loans and that this agency has requested that the curbs be installed so that it can grant said loans. RESOLUTION NO. D -472, A RESOLUTION of intention to create a local improvement district. Moved by Munger, seconded by Robinson that Resolution No. D -473 authorizing the execution of an agreement with Pacific Power & Light 'ompany, be passed as read: carried, Brazier, Kurbitz, Larso Lemon, Lynch, Munger and Robinson voting aye on roll call. IRESOLtJTION NO. D -473, A RESOLUTION authorizing the City Manager and the `'ity Clerk to enter into an agreement with Pacific Power 8 Light Company. Moved by Robinson, seconded by Lynch that Resolution No. D -474 authorizing the execution of a Pipe Line Crossing Agreement with Yakima Valley Transportation Company, be passed as read: Carrie Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. (RESOLUTION NO. D -474, A RESOLUTION authorizing the City Manager and the 'ity Clerk to enter into Pipe Line Crossing Agreement with the Yakima Valley Transportation Company. IThe Citv Treasurer submitting the following investment report for the month of October, 1962 October 31, 1962 City Manager Yaki3na, Washington (Dear Sir: The following investments were purchased during the month of October: FIREMEN'S RELIEF & PENSION - Yakima L.I.D. #900 - Warrant #6 $ 4,374.98 Yakima L.I.D. #900 - Warrant #8 1,762.70 Yakima L.I.D. #900 - Warrant #9 2£3.40 U. S. Treasury Discount Bill #10191785 @ 10M 91 Day - Due 1/24/63 9,930.70 $ 16,096.7$ ARTERIAL STREET U. S. Treasury Discount Bills #9967223 & #9967230 @ 10M 60 Day - Due 12/20/62 19,896.56 19,896.56 WATER DEPOSIT U. S. Treasury Discount Bills #61906 @ 50M & #10287568 10M 60 Day - Due 12/20/62 59,757.33 59,757.33 K i F, 74 NOVEMBER 5, 1962 CUMULATIVE RESERVE FOR DOMESTIC WATER SUPPLY DEVELOPMENT U. S. Treasury Discount Bills #102$7569/71 @ 10M 60 Day - Due 12/20/62 IRRIGATION U. S. Treasury Discount Bills #10191776 @ 10M. 91 Day Due 1/24/63 nLnntm�Dv U. S. Treasury Discount Bill #10191755 @ 1OM' 60 Day - Due 12/27/62 Total investments purchased during the month of October, 1962 $ 29,878.67 9,930.70 9,955.38 The following investments were sold during the month of October: MATER DEPOSIT U. S. Treasury Discount Bills #10049765/6 @ 10M U.S. Treasury Discount Bills #10190808 /811 @ 10M FIREMEN'S RELIEF & PENSION Yakima L.I.D. #726 - Bond #16 Yakima L.I.D. #862 - Bonds #43/49 U. S. Treasury Discount Bills ; #10106389/90 @,loM CEMETERY TRUST Yakima L.I.D. #723 - Bond,//26 Yakima L.I.D. #802 - Bond #11 Yakima L.I.D. #806 - Bond #41 Yakima L.I;D. #819 - Bond #11 Yakima L.I.D. #863 - Bonds ,'618 A. E. LARSON LIBRARY TRUST Yakima L.I.D. #731 - Bond #14 L. I. GUARANTY Yakima L.I.D. #749 - Bond #9 ARTERIAL STREET U. S. Treasury Discount Bills #10059462/65 @10M U.S. Treasury Discount mills #2188067 & #2188202 @ 5M & #3686878, #3687401, #3687441,/2 & #3807459/61 @ 1M 0 cnFVmV1:)v U. S. Treasury Discount Bill #9835401 @ 10M IRRIGATION U. S. Treasury Discount Bill #10106391 @ 10M CURRENT EXPENSE U. S. Treasury Discount Bills #10106386/88 @ 10M Total investments sold during the month of October, 1962 APPROVED: INVESTMENT COPUJITTTEE John M. Larson, Mayor George D. Smith, City Manager Gladys H. Richter, City Treasures $ 29,878.67 9,930.70 9,955.38 X45 ,515.42 19,853.39 39,809.60 59,662.99 50.00 3,500.00 19,904.80 23,454.80 500.00 100.00 500.00 500.00 450.00 2050-00 300.00 300.00 300.00 300.00 39,920.98 19,916.00 59,836.98 9,932.82 9,932.82 9,953.10 9,953.10 29,857.20 Very truly yours, s/ Gladys H. Richter City Treasurer 29 857:20 195,347.89 it was MOVED by Munger, seconded by Lemon that said, report dated October 31, 1962 be accepted and approved: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. The City Engineer submitting; the following estimates for work performed on City projects during the month of October, 1962: Carriage Hill -Flagg Add. Sanitary Sewers Sch. I Carriage Hill San. Sewer Carriage Hill - Flagg Add. Sanitary Sewers Sch. I Flagg Add. San. Sewer Arterial Improvements Projects •- 1962 The following is a Semi -Final Estimate: Kiwanis Park Well Pump & Pu mphouse The following is a Final Estimate: Valley Plbg. & Htg. Valley Plbg.& Htg. Superior Asphalt Picatti Bros. L.I.D.900 L.I.D.902 Arterial St. 102.60 4,449.10 34,557.13 II Carriage -Hill Flagg Add. Sanitary Sewers- Sch.IT Sewage Lift Station N. L. Kimball L.I.D.900 19882.40 n 1 1 1 1 1 rIIJ 1 375 NOVEMBER 5, 1962 it was MOVED by Robinson, seconded by Munger that said report dated November 3, 1962 be approved and that the estimates therein set forth be paid: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. An application for the rezoning of certain property located at 502 -504 North 2nd Street having been filed with the Planning Director. by Howard Farnsworth and now having been filed with the Council, it was MOVED by Robinson, seconded by Munger that Petition No. 171 be referred to the Planning Commission for study and recommendation: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Manager Smith reporting that.the Department of Public Assistance's work Program is in effect agai this year and recommending that the City Council take the necessary steps to again institute the use of this program, it was MOVED by Kurbitz, seconded by Lemon that the City Manager be and is hereby authorized to institue said Public Assistance Program for City projects: carried, Brazier Kurbitz, Larson, Lemon, Lynch, Munger, Robinson voting aye by voice vote. Manager Smith called the Council's attention to the hearing which will be held by the Joint Committee on Urban Area Government on the report of its Citizens Advisory.Committee on Friday morning, November 23, 1962 in the Chinook Hotel from 9:30 to 11'30 A.M. and he urged members to attend if possible. He ask for suggestions for possible subjects that should be brought up at the meeting and Councilman nobi_nson suggested the matter of consolidating our water systems. There being no further business to Brazier, that'we. d'o n.ow_ adjourn,at Lemon; Lynch, Munger and Robinson ATTEST /` come before the Council, it was MOVED by Kurbitz, seconded by .the,hour of 5:30' P.M: ;carri6d,' Brazier; Kurbitz, Larson, voting aye by voice vote.