HomeMy WebLinkAbout11/05/1962 Business Meetingr
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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
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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
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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
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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
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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.