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HomeMy WebLinkAbout01/27/1964 Business Meetingr JANUARY 27, 1964 The City Council met in regular session, Mayor Larson, Councilman Brazier, Kurbitz, Lemon, Lynch and Munger, City Manager Smith and City Attorney Andrews were present on roll call. Councilman Robinson present after the hour of 4:35 P.M. The invocation was given by Councilman Kurbitz. The minutes of the regular meeting of January 20, 1964, were approved as corrected. In accordance with action taken by the Citv Council at their.regular meeting of January 20, 19642 matters pertenant to the continuation of the hearing on Resolution No. D -633 and the formation of a local improvement district for the construction of a sanitary sewer East of 9th-Street and North of Spruce Street, was brought on for discussion. Public Work's Director Mayo explained that only 10.7% protest has been filed at this point and that in accordance with the Council's request, the ownerships in this area in relation to multiple ownerships of adjacent properties has been reviewed and it3has been found that there are 18 such duplicate ownerships instead of the three as originally recognized. He indicated that the assessment roll - therefore has been modified for the sake of uniformity and the assessments lowered on these parcels where only one house is placed on two adjoining lots, by $200.00 each, making a reduction of some $4,000.00. He further explained, that if we are fortunate and receive favo_rable',bids,the remaining assessments will stand as the preliminary assessment roll indicates. Mr. J. L. Newlun, 402 Fair Avenue, interested citizen called to the Council's attention, that the engineering plans for this project, runs the line down 10th Street and Fair Avenue and suggested that this plan be changed so that the lines run behind the houses in order that the hook ups will not be so costly for these people. He aleo stated that he had talked to citizens in the area,today, who indicated that they expected the City Counci: to continue this hearing at an eveing meeting on this date. After discussion of this point and the Council wishing to give all persons an opportunity to be heard, it was MOVED by Lemon, seconde( by Kurbitz that this hearing be continued to the hour of 8:00 P.M. on this date, namely January 27, 1963 carried, Brazier, Kurbitz, Larson, Lemon, Lynch and Munger voting aye by voice vote. Robinson absent. Moved by Brazier, seconded by Munger that the proposed ordinance regulating ambulance service within the.City of Yakima, be passed as read; Mr. Gordon N. Howard, candidate for Council, Mr. Larry Pryor owner and operator of the Yakima ambulance Service, Mr. Eric Cameron, candidate for Council, Mr. Lyle Mussetter, Funeral Director, Mr. Don Northrup, Manager of the Yakima Medical Service Association and Mr. Fred Velikanji, attorney, all spoke on this matter and emphasized the need for such an ordinance. Councilman Brazier, Kurbitz and Lynch indicated that the proposed ordinance is too long and too detailed on matters which should be administrative. City Attorney Andrews'explained the legal implications of this ordinance and state that it is a regulatory license and not a revenue license. Councilman Kurbitz pointed to section 5.09.030 as perpetuating the business of the only ambulance operator in the City and legislating against competition and questioned the examination of drivers as therein set forth indicating that he believes it in- vades the applicants privacy as now written. Police Chief Soderstrom spoke in favor and explained the need for such an ordinance stressing the importance of fingerprinting and other regulations stating that these thiiags are not only associated with criminals but for the protection of the operator as well as the City. Councilmen Kurbitz, Brazier and Lynch indicating that they be- lieve that the applicants should be allowed to qualify for a license before being required to be the owner of an ambulance or business premises as set forth in section 5.09.030 and Mr. Velikanji indicating that it was not the intention of the group who have studied this matter, to legilate against competition, it was MOVED by Brazier-, seconded by Kurbitz that the proposed-ordinance as read be revised in such a manner so that it will not be construed to require an applicant to be the owner of an ambulance vehicle or business premises prior to the time of applying for the regu- latory license: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye by voice vote. Robinson absent. Preston_Thorgrimson, Horowitz, Starin & Ellis having prepared the ordinance providing for the issuance and sale of general obligation bonds of the city in the principal amount of $1,600,000. for the purpose of providing money necessary to complete certain street improvements including the Lenox Overpass, it was MOVED by Brazier, seconded -bz'T Lynch that Ordinance No. 495 providing for the issuance and sale of said bonds be passed as read: carried, Brazier, Larson„ Lemon,*Lynch and Munger voting aye on roll call. Robinson absent. ORDINANCE NO. 495, AN ORDINANCE of the City Council of the City of Yakima, Washi!igton, providing for the issuance and sale of general obligation bonds of the City in the principal amount of $1,600,000, for the purpose of providing the money necessary to complete the construction, install, ation and making of the capital improvements within the city as provided in Ordinance No. 377, and approved by the qualified electors of the city at a special election held therein on November 6, 1962; providing for the payment of the principal of and interest on said bonds out of a bond re- demption fund previously created; providing the date, form, terms and maturities of said bonds, and for'unlimited tax levies to pay the principal thereof and interest thereon; and declaring an emergency. Moved by Lemon, seconded by Munger that Resolution No. ��iaa}�ia�r�C�nsnlal texecution of an agreement with Wm. P. HaJr,per.& Son & Company for services In nt�ie issuance o� 91)600,000. G. 0. Bon( be,passed as'read: carried, Brazier, Larson, Lemon, Lynch, and Munger voting aye on roll call. Robinson absent. RESOLUTION NO. D -650) A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Wm. P. Harper & Son & Company for expert services in the issuance of general obligation bonds. ir1oved by Lemon, seconded by Lynch that Resolution No. D -651 authorizing the settlement of a lawsuil pending against the City of Yakima, namely Will E. Scheer and Geraldine Scheer'vs City of Yakima and J. J. Newberry Inc., be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, (Munger and::Robinson,votng aye on-roll- call. City Attorney Andrews explained that he has negotiated with Mr. Alan­Me,Donald, attorne�'T for Mr. and Mrs. Scheer in cooperation with the lattorneys for J.J. Newberryand as a result of said negotiations the Scheer's have agreed to accept .5000. in full settlement of their claim, and the Counsel for Newberry has arranged for the payment of $2,500.00 leaving $p2500.00 for the City to pay which he recommends since there is some question as to where Mrs. Scheer fell, on private property or public domain. , RESOLUTION NO. D -651, A RESOLUTION authorizing the settlement of a lawsuit pending against the City of Yakima entitled Will E. Scheer and Geraldine Scheer, husband and wife, vs. City of Yakima a Municipal Corporation, and J. J. Newberry, Inc. 1 1 1 1 i 1 I 509 J ANUARY 27, 1964 Moved by Lynch, seconded by Lemon that Resolution No. D -652 authorizing the hiring work, labor and materials without calling for bids for the construction and improvement project known as the Industrial Waste Irrigation System, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, and Munger voting aye on roll call. ✓Councilman Robinson requested to be excused from voting si.nceris firm represents C & E Construction Company an interested contractor. Discussion pointed out that this particular job lends to rental of equipment rather than to a contract since it re- quires earth moving and grading equipment and that the general policy has been and will be to cal for bids when feasible. It was also indicated that there will be one member of the staff to supe - vise and that work time on the job is the basis for charging. Manager Smith explained that our consulting engineers Cornell, Howland, Hayes & Merryfield have recommended this action. RESOLUTION NO. D -652, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to hire work, labor and materials without calling for bids. The following investmen't'report,'showing investments purchased and sold in December, 1963, having been submitted by the City Treasurer it was MOVED by Robinson, seconded by Munger thatys.aid report dated December 31, 1963, be accepte and approved: carried, Brazier, Larson, Lemon, L nch, Munger and Robinson voting aye by voice vote. Mr. W. E. Guthrie, 1611 South 18th Avenue, being present at this meeting, filed with,the Clerk of the Council a NOTICE of Intention to Commence Annexation Proceedings to annex certain property) contiguous to the, City between 16th and 18th Avenues and South of the North line of King Street, it was MOVED by Robinson, seconded by Lynch that said Notice of Intention be accepted as filed at this meeting and that the City Council meet with the initiating party, namely Mr. W. E. Guthrie at this time and on this date, January 27, 1964/ carried, Brazier, Kurbitz, Larson, Lemon, Lynch Munger and Robinson voting aye by voice vote., /Mr. Guthrie indicating that he will assume his share of the city's existing indebtedness in so far as this matter is concerned, it was MOVED by Munger, seconded by Brazier that the annexation proposed by Mr. Guthrie be accepted by the City o Yakima and that the area to be annexed be required to assume its share of the City's existing in- debtedness: carried, Brazier, Kurbitz, Lar -uon, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Discussion of this matter indicated that Mr. Guthrie is the developer of this proper and is in need of sewer service. When questioned as to whether or not a larger area could be annexed including his property, Mr. Guthrie stated that he tried to bring ina larger area but that there is objection. Public Works Director Mayo indicated that he doubted that it can be don by petition but that it might be done by election. City Manager Smith reported that a letter has been received from the State of Washington Departmei of Health signed by Dr. Bernard Bucove notifying the Council of the approval of Gray & Osborne report on the City Water Facilities and complimenting the City of Yakima and our Consulting Engin- eers for taking this forward step in planning the improvements for the City's Water supply. it December 21, 1962 City Manager Yakima, Washington Dear Sir: The following investments_ were purchased during the month of December: ' MAUSOLEUM MAINTENANCE Yakima L.I.D. #911 - Warrant #1 $ 2,200.00 2,200.00 CEMETERY TRUST Yakima L.I.D. #911 - Warrant #2 2,100.00 Yakima L.I.D. #911 - Warrant #5 92.43 2,192.43 L.I.Guaranty Yakima L.I.D. #911 - Warrant #3 2,$07.75. 2,807.75 A. E. LARSON LIBRARY TRUST Yakima L.I.D. #911 - Warrant #4 2 ;459.'29 2,459.29 — 9659.57 The following investments were sold during the month of December: 1962 STREET IMPROVEMENT CONSTRUCTION U.S. Treasury Discount Bills #11143117/20 @ 10M .39,662.00 39,662.00 CURRENT .EXPENSE U. S. Treasury Discount Bills #11218294/5 @ 10M 19,888.70 19,888.70 GENERAL OBLIGATION BOND REDEMPTION FOR LIBRARY BUILDING U.S. Treasury Discount Bills #2407561 @'5M & #10971452 @'10M 14,767.20 14,767.20 CEMETERY TRUST Yakima L.I.D. #848 - Bonds #76/83 4,000.00 4,000-00 -1-78017-90 Total investments sold during the month of December: APPROVED: INVESTMENT COMMITTEE' Yours very truly John M. Larson, Mayor Gladys H. .Richter George D. Smith, City Manager. City Treasurer Gladys H. Richter, City Treasurer it was MOVED by Robinson, seconded by Munger thatys.aid report dated December 31, 1963, be accepte and approved: carried, Brazier, Larson, Lemon, L nch, Munger and Robinson voting aye by voice vote. Mr. W. E. Guthrie, 1611 South 18th Avenue, being present at this meeting, filed with,the Clerk of the Council a NOTICE of Intention to Commence Annexation Proceedings to annex certain property) contiguous to the, City between 16th and 18th Avenues and South of the North line of King Street, it was MOVED by Robinson, seconded by Lynch that said Notice of Intention be accepted as filed at this meeting and that the City Council meet with the initiating party, namely Mr. W. E. Guthrie at this time and on this date, January 27, 1964/ carried, Brazier, Kurbitz, Larson, Lemon, Lynch Munger and Robinson voting aye by voice vote., /Mr. Guthrie indicating that he will assume his share of the city's existing indebtedness in so far as this matter is concerned, it was MOVED by Munger, seconded by Brazier that the annexation proposed by Mr. Guthrie be accepted by the City o Yakima and that the area to be annexed be required to assume its share of the City's existing in- debtedness: carried, Brazier, Kurbitz, Lar -uon, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Discussion of this matter indicated that Mr. Guthrie is the developer of this proper and is in need of sewer service. When questioned as to whether or not a larger area could be annexed including his property, Mr. Guthrie stated that he tried to bring ina larger area but that there is objection. Public Works Director Mayo indicated that he doubted that it can be don by petition but that it might be done by election. City Manager Smith reported that a letter has been received from the State of Washington Departmei of Health signed by Dr. Bernard Bucove notifying the Council of the approval of Gray & Osborne report on the City Water Facilities and complimenting the City of Yakima and our Consulting Engin- eers for taking this forward step in planning the improvements for the City's Water supply. it r JANUARY 27, 1964 Manager Smith having requested permission to, attend the Northwest ,City Manager's conference in Corvalis, Oregoncwhich will be held March 20 and 21, 1964 and indicating that he would like to leave Yakima on the 19th and that his expense will be approximately $40.00, it was MOVED by Lynch seconded by Robinson that Manager Smith be ,granted permission to attend this conference with expenses paid: carried, Brazier /, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice Kurbitz There being no further business to come before the Council, it was- MOVED by Kurbitz, seconded by Lemon that we do now recess at the hour of 5:20 until the hour of 8 :00 F.M. on this same date and in accordance with action taken earlier in this meeting: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. RECESSED MEETING, MONDAY, JANUARY 27, 1964, $:00 0?CLOCK P.M. In accordance with action taken by the Council at their regular meeting on this date, this recessE meeting was convened at the hour of 8:00 P.M. by Mayor Larson and Councilmen Lemon,. Lynch and Robinson and_-City Manager Smith were present on roll call. Councilman Brazier and Munger absent. There were 9 interested persons present, at this hearing. Mr. Mayo, Director of Public Works, explained and reported on some changes in the assment roll covering small lots that will have only one connection. Mrs. Sprague complained on an assessment of x$873.00 and Mr. Mayo stated that her property would have a sewer in the front and in the rear of this lot. He explained further that if easements can be secured the sewer will be in the rear of the other lots rather than in the street. In answere to Councilman' Lynch's question as to where the sewer will be on 10th Street, Mr. Mayo advised that it will be in the street. Mayor Larson again asked those present ,to file protests in writing and three such protests were filed. Councilman Robinson suggested that since such a small percentage of protest have been.:filed, that the ordinance creating a local improvement district should be passed and if within the 30 days, more protests are filed, further action can be taken. Mr. Mayo reportedthat at this point, the protests amount to less than 150. Councilman Lynch reflected that the number of people who signec the petition for the sewer would indicate,-that they want the L.I.D. Mayor Larson stated that 38 property owners signed the original petition and the City to this date has spent time and money t( set the project up and he hopes that the people will go along with establishing the district. Mr! Amanda Perry stated that She hoped that the sewer would be installed because it will up grade the area that it is to serve. It was then MOVED by Robinson, seconded by Lynch that Map Job #242 as submitted by Public Works Director Mayo, be adopted as part of the Local Improveme District Ordinance: carried, Kurbitz, Larson, Lemon;:Lyhch.ar�d Robinson voting aye by voice vot °e. Brazier and Munger absent. Mayor Larson then called for the roll call vote on the MOTION made by Councilman Robinson and seconded by Councilman Munger to pass ordinance No. 494 providing for said improvement and creating L.I.D. No. 915. Said Motion carried, Kurbitz, Larson, Lemon, Lynch, and Robinson voting aye. Brazier and Munger absent. There being no further business to come before the Council,- it.was MOVED by Kurbitz, seconded by Lynch that we do not adjourn at the hour of 9:15 P.M. carried, Kurbitz, Larson, Lemon, Lynch, and Robinson voting aye by voice vote. Brazier and Munger absent. ATTEST: O rd 1 i! 1 �I I��