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HomeMy WebLinkAbout09/13/1965 Business Meeting 71 September 13, 1965 The City Council met in regular session, Mayor Larson presiding, Councilmen Brazier, Brown, Lambert, Lynch and Robinson, City Manager Smith and City Attorney Andrews present on roll call. MOVED by Lynch, seconded by Robinson that Kurbitz be excused from this meeting: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Kurbitz absent on roll call, but present for the balance of the meeting after 3:07 P.M. The Invocation was given by Councilman Brown. - - -- This being the time fixed for the hearing on Planning Commission Resolution of Intention . to Change Zoning on two pieces of property in the vicinity of East Chestnut Street belong- ing to Cliff Wells, (to correct legal description), it was MOVED by Brown, seconded by Lambert that Ordinance No. 703 providing for said rezoning be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz absent. . ORDINANCE NO. 703, AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning certain property consisting of two parcels of real property in the vicinity of East Chestnut Street and the Yakima City Limit line owned by Cliff Wells. This being the time fixed for the hearing on Planning Commission's Resolution of Intention to Amend Zoning Code - prescribing regulations and limitations in B -2 Local Business Zone, it was MOVED by Lynch, seconded by Robinson that Ordinance No. 704 providing for said amendment be passed as read: carried, Brazier, Brown,Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz abstained. City Attorney Andrews explained the existing Ordinance allows outside displays in a B -2 Zone at gasoline service stations only. The amendment allows other retail establishments to display merchandise, etc., outside the building. .. ORDINANCE NO. 704, AN ORDINANCE pertaining to zoning in the City of Yakima; prescribing use regulations and limitations applicable in a B -2 Local Business Zone; and amending Section 12.32.020(1) of the City of Yakima Municipal Code. This being the time fixed for the hearing on Resolution No. D -$51, being a Resolution of Intention to improve property by construction of water mains, it was MOVED by Lambert, seconded by Lynch that Ordinance No. 705 providing for said improvement and creating L.I.D. No. 944, High View Courts and Various Others Domestic Water District, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch. and Robinson voting aye on roll. call. ORDINANCE NO. 705, AN ORDINANCE providing for the improvement of certain property by con- structing the necessary mains, fire hydrants., valves and other appurtenances for the pur- pose of supplying water for domestic use and fire protection; establishing a Local Improve- ment District, providing for the method of payment.thereof, and creating a special fund. Petition No. 415 having been filed on September $, 1965 with the City Clerk by Wm. L. Cawley and others, requesting the annexation of property between 7th and 8th Avenues, South of King Street, it was MOVED by Lynch, seconded by Brown, that said petition be referred to the City Manager and the Planning Commission for study and recommendation: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. . Petition No. 416, having been filed on September 9, 1965 with the City Clerk, by Rolland A. Raab and others, requesting that the corner of Lenox and South 5th Avenue on the South side of Lenox be widened, it was MOVED by Lynch, seconded by Lambert that said petition be referred to the City Manager and staff for study and recommendation: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Interested . persons were present and spoke in favor of the petition. An Ordinance appropriating $60,000 to 1965 Budget for Water -Sewer Fund from the unappropriated monies in said Fund, having been read in its entirety, was ordered laid on the table for one week to be read at the next regular meeting of the City Council to be held on September 20, 1965. City Manager George Smith explained that this expenditure would include water department supplies such as pipe, hydrants and meters, and would also be used for construction projects which cost more than has been allowed in the 1965 Budget. MOVED by Lynch, seconded by Brown, that Ordinance No. 706 relating to and creating an Investment Committee and adding a new chapter to the Yakima Municipal Code, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye op roll call. City Manager George Smith pointed out that this particular Ordinance will make the City's operation conform with State Statute. ORDINANCE NO. 706, AN ORDINANCE relating to the investment of funds of the City of Yakima; creating an Investment Committee, and defining its authority; appointing Investment Com- mittee officers; prescribing duties of the Investment Committee; and creating a new chap- ter of the City of Yakima Municipal Code to be numbered and entitled "Chapter 1.73, Investment Committee ", and declaring an emergency. MOVED by Robinson, seconded by Lambert that Resolution No. D -$57, adopting of the 1966 Preliminary Budget, be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Kurbitz indicated that he was not in favor of increasing the Utility Taxes to balance the 1966 Budget. City - Manager Smith explained for the benefit of the audience that adopting the 1966 Preliminary Budget does not necessarily mean the City Council is approving all amounts, but merely to formally set the time of hearing for October 4, 1965, for the purpose of fixing the Final Budget for 1966. . RESOLUTION NO. D -$57, A RESOLUTION adopting the 1966 Preliminary Budget for the City of Yakima, setting a date for hearing on the adoption of the 1966 Final Budget, and directing the City Clerk to give notice of budget proceedings. MOVED by Robinson, Seconded by Brown, that the Resolution of Intention to improve certain property by constructing sanitary sewers in accordance with Petitions No. 412, 29$ and others be continued for one week or until the next meeting of City Council on September 30, 19o5: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. 72 September 13, 1965 MOVED by Robinson, seconded by Lambert, that Resolution No. D -858, authorizing hiring of work, labor and materials without calling for bids, for the installation of the Lincoln Avenue (C Street) storm drain between North First Avenue and North Second Avenue, and for the installation of a sanitary sewer on Cornell Avenue to serve Broadway School, be passed as read: carried, Brazier., Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. RESOLUTION NO. D -858, A RESOLUTION authorizing Hiring of work, labor and materials without calling for bids. . MOVED by Lynch, seconded by Lambert, that Resolution No. D- 859 a resolution denying a claim for Damages of $150, filed against the City of Yakima by Mrs. Cussie Sloan, for injuries incurred by claimant when she fell on. a City sidewalk, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Mrs. Cussie Sloan was present and indicated that she believed this to be a justifiable claim. City Attorney Andrews explained his recommendations indicating that he believed that the sidewalk where the claimant fell is not dangerous and that the City is not liable for claimant's injuries. . RESOLUTION NO. D -859, A RESOLUTION denying a Claim for Damages filed against the City of Yakima by Mrs. Cussie Sloan. MOVED by Lambert, seconded by Brown, that Resolution No. D -860, a resolution denying a Damage Claim filed against the. City of Yakima by Mrs. W. G. Boyd, in the amount of $11.09, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, and Robinson voting aye on roll call. Brown and Lynch voting nay on roll_ call. Mrs. W. G. Boyd was present, and it was explained that the law specified a time in which a claim must be submitted and since the claim does not specify the date of the occurrence, therefore Council finds that said claim must be denied. . RESOLUTION NO. D -860, A RESOLUTION denying a Damage Claim filed against the. City of Yakima by Mrs. W. G. Boyd. . MOVED by Lynch, seconded by Robinson that Resolution No. D -861, allowing payment of $15.00 in settlement of a damage claim by Sue Taylor be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz temporarily absent. Discussion indicated the $15.00 is in payment for damages caused by the breaking of a City water main. RESOLUTION NO. D -861, A RESOLUTION authorizing the payment of $15..00 to Sue Taylor in settlement of a Claim for Damages. MOVED by Robinson, seconded by Lynch, that Resolution No. D -862, a Resolution allowing payment of $96.91 to Allan Bros., Inc.,. Naches, Washington, in settlement of a Claim for Damages resulting from breaking of the water transmission line belonging to the City of Yakima, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. . RESOLUTION NO. D -862, A RESOLUTION authorizing the payment of $96.91 to Allan Brothers, Inc... in settlement of a Claim for Damages. MOVED by Brown, seconded by Brazier, that Resolution No. D -863, a Resolution appointing Fred H. Andrews as Acting City Manager, in the absence of City. Manager Smith from September 20, 1965 through September 23, 1965, be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz temporarily absent. RESOLUTION NO. D -863, A RESOLUTION appointing Fred H. Andrews as Acting City Manager. MOVED by Robinson, seconded by Lynch that Resolution No. D -864, authorizing payment of $993.81 in settlement of pending Yakima County Superior Court cause no. 47281, a suit in Yakima County Superior Court, entitled E. A. Waltz and Jessie A. Waltz vs City of Yakima, be passed as read: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz temporarily absent. RESOLUTION NO. D -864, A RESOLUTION authorizing settlement of pending Yakima County Superior Court cause no. 47281. . An Appeal having been filed with the City Clerk, September 9, 1965 by Michael A. Polo appealing the decision of the Planning Commission in the matter of rezone of property at 201 Hall Avenue, it was MOVED by Robinson, seconded by Lynch that September 27, 1965 be set as the time for hearing by the City Council on said Appeal as filed by Michael A. Polo and that the City Clerk give notice of such hearing as required by law: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. MOVED by Lynch, seconded by Robinson that September 27, 1965 be set as a time for a hearing by the City Council on the matter of the rezone of certain property situated at 45th Avenue and Tieton Drive as requested by Rex E. Sweitz on Petition No. 408, and that the City Clerk give notice of such hearing as required by Law: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. The Planning Commission recommending the rezone of Walker and Hacket property located on the south side of Nob Hill Boulevard in the vicinity of South 18th Avenue and the Kausner property located at 4807 Tieton Drive, it was MOVED by Brazier, seconded by Robinson that September 27, 1965 be set as the time for a hearing by the City Council on the matter of said rezones and that the City Clerk give notice of such hearing as required by law: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. . The City Engineer having reported the completion of L.I.D. No. 929 - North 52nd Avenue and Various Street Paving Projects, and L.I.D. No. 931 - Grant Street Domestic Water Project, it was MOVED by Brazier, seconded by Lynch that October 11 be fixed for the date of hearing on the assessment rolls for said Districts and that the City Clerk give notice by publication and to each property owner as required by law: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. 73. September 13, 1965 The City Engineer the following estimate for work - performed during the month of August, 1965 for payment: ..CONTRACT-AWARDED .. PROJECT AND CONTRACTOR FUND AMOUNT • Sumac Sanitary Sewer. January 25,1965 .. Schedule II . DeBlasio Brothers . LID 915 $3,6$$.97 it was moved by Robinson, seconded by Brown that the City Engineerts report .dated • •September 9, 1965 be approved and that the progress estimate therein set'forth be approved and payment be made: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robin- son voting aye by voice vote. • • Approximately twenty fuel dealers being present, Mayor Larson called on John Boyd, who spoke for the fuel dealers and who introduced Fred Velikanje, Attorney, who represented theM.in the matter of increasing utility taxes. Velikanje read a written statement indi- cating that the independent. fuel dealer is in no way.in the same category as Cascade • Natural Gas Company .and the Pacific Power and Light Company in matters concerning the • utility tax. This written statement was filed with the Clerk of the Council. Mr. John Conte, representing the Gas Company, was present and indicated that he did not have a formal statement to make at this time but that he was going to prepare a written statement to be submitted to the Council at a later date. No formal action was taken on this matter at this time. Councilman Robinson having requested that he be excused from the next five meetings of the City Council, it was MOVED by Brazier, seconded by Brown, that said request be granted: carried, Brazier, Brown, Kurbitz, Lambert, Larson, and Lynch voting aye by .voice vote. - Manager Smith reported that Don Smith, Transit Consultant, who is performing a Bus System Study for the benefit of the.City of Yakima in accordance with Resolution No. D -$47, would like the completion•date of September 30, 1965 extended to October 15, 1965 as he is con- ducting a postcard survey which may not be completely finished by the originally stated completion date. It was MOVED by Lambert, seconded by Robinson, that said request, be • granted: carried, Brazier, Brown,Kurbitz, Lambert, Larson, Lynch and Robinson voting aye. by voice vote. - • Chief Soderstrom having requested permission for Detective Robert Jones to attend the Western States Safe Burglary Conference from September 2$, 1965 to .October 1, 1965 at • Stateline, Nevada,and City Manager Smith recommending said action, stating that the expense would be approximately $125.00, it was MOVED by Kurbitz; seconded by Robinson that said request be granted and expenses paid: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. City Manager Smith recommended the Council grant Chief Soderstrom's request to allow approximately $100.00 for Sergeant Wm. Pennell to attend the Emergency Aid to the Injured Course at Portland, Oregon, September 29, 1965 thru October 2, 1965. It was MOVED by Kurbitz, seconded by Lynch that said request be granted and expenses be paid: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch•and Robinson voting aye by voice vote. 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 - :45 P.M.: carried,. Brazier, Brown, Kurbitz, Lambert, Larson, c and Robinson voting aye by voice vote.- / READ & CERTIFIED ACCURATE BY ° DATE �/ S� 1 • •- _ COUNCI MAN • • �'y�' - - - ��._2� `DATE oA - „• • COUNCILMAN • ATTEST: •\ C I T Y C L E R K M A Y O R THE FOLLOWING WAS INADVERTENTLY OMITTED FROM PAGE 71 "The minutes of the regular meeting of September 7, 1965 having been duly certified accurate as corre.cted:by two councilmen and no one present wishing to have said minutes read publicly, . Mayor Larson declared said minutes approved as recorded.'!' • • • • • • • • • •