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HomeMy WebLinkAbout11/26/1962 Business Meetingr 380 NOVEMBER 26, 1962 The City Council met in regular session, Mayor Larson, Councilman Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson, City Manager.Smith and City Attorney Andrews present on roll call. The invocation was given by Councilman Lynch. The minutes of the regular meeting of November 19, 1962 were approved as read. Mayor Larson then awarded certificates in recognition of service, to three City Employees who willli retire as of December 1, 1962, Mr. Clarence Hanson who has been a member of the Water Department's staff for 15 years, Mr. Arthur G. Strand, also a member of the Water Department's staff, who has served 24 years and to Mr. Clyde Craton who has been a member of the Engineering staff for a period of 28 years. Mayor Larson expressed appreciation and extended best wishes to these men on behalf of the Council. Mayor Larson then announced that on November 16, 1962 he appointed Mr. Mark Fortier to serve as Municipal Judge. Mr. Fortier will assume his duties in this position on January 14, 1962 In accordance with action taken by the Council at their regular meeting of November 13, 1962 and Mrs. Libby being present at this meeting, the matter of a damage claim filed by John Edinger, Sr., was brought on for further discussion, Mrs. Libby related that she asked the Water Department to notify Mr. Edinger before turning the water on when she applied for water service since she knew that the faucets were open, but that she did not know whether this request was put.in writing by the clerk who served her. She also stated that she was at the house at the time Mr. Luckett went to inform Mr. Edinger that the water was turned on and that she.werit' into the house with Mr. Edinger since he had the keys, and that water was all over the house at the time of their entry. After discussion of these points, it was MOVED by Robinson, seconded by Munger that the resolution authorizing payment of $29.00 to John Edinger, Sr., for damages sustained when the water was turned on at 721 West Lenox Avenue, be read by the Clerk of the Council and considered by the Council: carried, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Brazier voting nay by voice vote. It was then MOVED by Robinson, seconded by Kurbitz that said resolution be passed as read. Councilman Lynch asked for City Attorney Andrews recommendations now that all of the facts have been heard. Mr. Andrews stated that he must recommend against payment of this claim and explained that he views this-case in the light of a lawsuit against the city, and that Mr. Edinger would be unable to prevail on his claim successfully, since our records do not show that the order was given to notify him before the water was turned on, that there is conflict in testimony given and as a technical point, Mr. Edinger's claim was improperly filed. The vote was then taken on the pending motion and Councilman Kurbitz, Lynch and Robinson voted aye' on roll call and Councilmen Brazier, Larson, Lemon and Munger voted nay on roll call, thus denying this claim for damages. This being the time fixed by the Council for the hearing on Resolution No. D -470, being a resolu- tion of intention to improve certain property by the construction of pipe sewer as requested by D. A. Fellows and others on Petition No. 163, and there being no protests in writing or otherwise, it was MOVED by Munger, seconded by Lemon that Ordinance No. 394, providing for said improvement and creating L.I.D. No. 904, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 394, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement Dist- rict, providing for the method of payment thereof, and creating a special fund. This being the time fixed by the Council for the hearing on Resolution No. D -471, being a resolut- ion of intention to improve certain property by constructing water mains and other appurtenances as requested by Frank Mooney and others on Petition No. 138, D. A. Fellows and others on Petition No. 162 and by Eden House Nursing Home and others on Petition No. 168, it was MOVED by Robinson, seconded by Munger that Ordinance No. 395 providing for said improvement and creating L.I.D. No. 905, be passed as read. Mr. Jack King, petitioner on Petition No. 162, being present, protested this improvement stating that he has signed the petition without reading it and that he already has City Water and therefore will not benefit by this improvement. Councilman Robinson pointed out that Mr. King now has City Fire protection and that this is part of this improvement. Discus- sion of this matter with Public Works Director Mayo and Mr. Fellows, former owner of the King property, established that there is a 21' private line serving this property and that any payment made to the Water Department for this outside hook -up, will be deducted from the assessment charged under this L.I.D. Mr. M. E. Stone, realtor, speaking on behalf of Mr. Fellows requested that Lots 7 and 8 Edgecliff Manor, be included in this district. Mr. May) suggested that these lots be served and the property owner pay a hook -up charge for the service until another L.I.D. is formed which can include this property. It was established that Mr. D. A. Fellows is the owner of both lots and that he wishes them included in this district if possible and that he will give a waiver of notice and hearing,as.required by statue. It was then MOVED by Robinson, seconded by Munger that the ordinance providing for this improvement be amended in Section 1 to read Lots 7 through 29, inclusive, and Lots 31 through 38 inclusive, Edgecliff Manor: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. The vote was then taken on the pending motion to pass Ordinance No. 395 and it 'carried: Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 395, AN ORDINANCE providing for the improvement of certain property by constructing the necessary mains, fire hydrants, valves and other appurtenances for the purpose of supplying water for domestic use and fire protection; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. This being the time fixed by the Council for the hearing on Resolution No. D -472, being a resolut- ion of intention to improve certain property by the construction of curbs, gutters and surfacing of certain streets as requested by John G. Fairbrook and others on Petition No. 170 and a certain portion of West Viola between 28th and 31st Avenues, Councilman Robinson read an ordinance provid- ing for said improvement and creating L.I.D. No. 906. Mr. Lee Campbell, Manager of Glascam Bldrs. owners of certain property included in this district, requested withdrawal from the district stating that his company-is under contract to pave West Viola Avenue at this time and he is reluctant to become a part of this project until they have been released by the private contractor He•explained that it will be a week or 10 days before this release can be accomplished. Mr. Mayo having informed the Council that this work will not be done immediately, it was MOVED by Brazier, seconded by Lemon that this hearing be continued for two weeks or until the regular meeting of December 10, 1962: carried, Brazier, Kurbitz, Larson, Lemon, Lynch and Munger voting aye by voice vote. This being the time fixed by the Council for the hearing on the matter of zoning of newly annexed 1 1 1 1 1 1 381 1• C i • •• property, and Councilman Robinson having read an ordinance accepting the recommendations of the Planning Commission as to the zoning of said property,'it was MOVED by Brazier, seconded by Lemon that Ordinance No. 396 accepting the recommendation of the Planning Commission and zoning ,the property annexed by Ordinance No. 389 which was passed pursuant to Petition No. 169 as filed by John G. Fairbrook and others, as R -1, Residential, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE No. 396, AN ORDINANCE accepting the recommendation of the Planning Commission and zoning certain property newly annexed to the City of Yakima as R -1, Single Family Residence Zone. This being the time fixed by the City Council for the hearing on the application of Howard F. Farnsworth and wife, Petition No. 171, for the rezone of property located at 502 -504 North 2nd Street from R -3, Multiple Family Residence to B -1 Modified Business zone and Councilman Robinson having read an Ordinance accepting the Planning Commission's recommendations and rezoning said property, it was MOVED by Munger, seconded by Lemon that Ordinance No. 397 providing for said acceptance and rezoning of said property, be passed as read: carri.ed,.Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. Discussion determined that there are no protests in writing or otherwise to this action. Also Mr. Howard Hettinger, Attorney represent ing Mr. &-Mrs. Farnsworth explained that his client will build a modern office building on this property and on a map showed that this property is contiguous to other business zoning and stated that this matter has been discussed with the residents in the area and no objections were registered. Councilman Kurbitz complimented Mr. Hettinger on his presentation of this matter both to the Planning Commission and the Council and protested the decisions made in the case of Michael Polo and the rezoning of property at 201 Hall Avenue. ORDINANCE NO. 397, AN ORDINANCE accepting the recommendation of the Planning Commission and re- zoning certain property located at 502 -504 North Second Street in the City of Yakima, Washington, from R -3, Multiple Family Residence Zone, to B -1, Modified Business Zone. David E. Campbell, d /b /a Avis Rent -A -Car System presently operating an automobile rental business at the Yakima Municipal Airport under the terms of an agreement heretofore entered into with the City of Yakima, and said agreement terminating on the 30th day of November, 1962, it was Moved by Robinson, seconded by Munger that the resolution authorizing the execution of a new agreement to continue this operation be passed as read. In the discussion of this matter Council members suggested certain changes in the agreement which, by reference is to be a part of said resolution; namely that paragraph 4 be changed to read $2,000.00 instead of $1,334.00 and that the last sentance in Paragraph 9 stating "All such rates shall be approved by the City prior to promulgatic and all such rates shall be uniform between the authorized operators with respect to type, model a size of automobile rented.'?, be deleted. Mr. Myril Ackerman representing Hale Car Rental, being present at this meeting, questioned the advisability of this delition stating that this regulatior establishes fair competition and makes for greater rental for the City. Councilmembers indicated that the City has no responsibility in fixing prices and regulating competition. Mr. Ackerman then reauested that the Council not take action until Mr. Hale can be notified of the Council's intention since this was not indicated on the copies of the agreement handed to him. Mr. Ackerman also called the attention of the Council to the matter of Taxi Cab operators soliciting business in the airport terminal without paying for space. All persons being heard on this matter and the Council wishing to notify the three agency operators of the changes being considered, it was MOVED by Kurbitz, seconded by Lynch that the a reements now in effect, but which are due to expire November 30, 1962, with David E. Campbell d�b /a/ Avis Rent -A -Car System, L.W. Hales, d /b /a Hales Car Rental Service and Chet Hollenbeck d /b /a Western Way Rental Systems, be and are hereby extended to.the 31st day of December, 1962: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting.aye by voice vote. /It was then MOVED by Kurbitz, seconded by Munger that this matter be continued until such time as the operators of these three agencies can meet with the Council: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by.voice vote. Moved by Robinson, seconded by Kurbitz that Resolution No. D -479 fixing the time of hearing on Petition No. 173, being a petition seeking the vacation of certain property abutting Clinton Way, for the 17th day of December, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -4791 A RESOLUTION fixing the time and place for hearing on petition for vacatio of a street. The City Council wishing to vacate certain property abutting Clinton Way, it was MOVED by Kurbitz, seconded by Lynch that Resolution No. D -480 fixing the time for hearing on said matter for the 17th day of December, 1962, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Munger voting aye on roll call. RESOLUTION NO. D -4$01 A RESOLUTION declaring the intention of the City Council of the City of Yakima to vacate a street and. fixing the time and place for hearing. Moved by Lemon, seconded by Robinson that Resolution No. D -481 transferring $310.00 within the 1962 Fire Department Budget, be passed as read:° carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NC. D -4$1, A RESOLUTION transferring the sum of $310.00 within the 1962 appropriation for 22 - Fire Department. The City Engineer reporting the following estimates for work performed on City projects during the month of November, 1962; Carriage Hill -Flagg Add. Sanitary Sewers Sch. I, Carriage Hill San.. Sewer Valley Plbg. & Htg. L.I.D. 900 -�- Carriage Hill -Flagg Add. Sanitary Sewere Sch. I, Flagg Add. San. Sewer Valley Plbg & Htg. L.I.D. 902 24.17 Carriage Hill - Flagg Add. Sanitary Sewers Sch. I CreBcent Dr. San.Sewer Extension Valley Plbg. & Htg. 24.75 it was MOVED by Robinson, seconded by Lemon that said report dated 11/23/62 be approved and the estimates therein set forth be paid. carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call. I I 382 NOVEMBER 26, 1962 Councilman Kurbitz again brought on for discussion the matter of the relocation of 16th Avenue and suggested that instead of moving 16th Avenue further away from the Airport, money could be spent either to hire flagmen to control traffic when planes approach the Airport or to close this route and open 12th Avenue instead. He stated that the $200,000.00 saved by not.relocating 16th Avenue would hire flagmen for many years or could be used to build a golf course or sports stadium. Public Works Director Mayo indicated that there is a 10 year plan for the enlargement of the Airport and Manager Smith indicated that we cannot set the standards if we are to partici- pate in Federal Matching Funds for this purpose. No formal action was taken by the Council on this matter. Manager Smith called special attention to a notice from the Association of Washington Cities which announces an emergency legislative and defense conference in Olympia on Wednesday, November 2$, 1962 and requested the Council to select delegates to represent them and authorize travel expense. MOVED by Robinson, seconded by Kurbitz, that Mayor Larson and Manager Smith be and are hereby authorized to represent the City of Yakima at this meeting and that travel expense be allowed for said delegates: carri,d, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Manager Smith also informed the Council that 1�ir. Willard Vadman, our financial consultant for the Sewage Treatment improvements will meet with the staff on Tuesday of this week at 2:15 P.M. to go over the details for the Washington Avenue Interceptor Sewer Project. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by Lynch that we do now adjourn at the hour of 5:25 P.M.: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. ATTEST: 4,- 1 1