HomeMy WebLinkAbout01/31/1966 Business Meeting • 118 •
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JANUARY 31, 1966 . •
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The City Council met in regular session, Mayor Larson presiding, Councilmen Brazier, Brown,
Kurbitz, Lambert, Lynch and Robinson, City Manager Smith and City Attorney Andrews present
on roll call. •
The Invocation was given by Councilman Brown.
The minutes of the regular meeting of January 24, 1966, having been duly certified accurate
by two councilmen and no one present wishing to have said minutes read publicly, Mayor
Larson declared said minutes approved as recorded.
At the regular meeting of City Council on January 24,'1966, an ordinance prohibiting sale
or distribution of obscene literature and amending the Yakima Municipal Code was read and
• discussed, and it was MOVED by Councilman Brown and seconded by Councilman Lambert to pass
said ordinance. The American Liberties Union group represented by Mauno Saari and
Reverend Glenn Turner, indicating that they would like to present to the Council, more •
material on the subject, requested that passage of the.o,rdinance be continued for one week
or until this regular meeting. City Attorney Andrews opened the discussion by explaining
that at the request. of the Committee for Decent Literature, he had composed and submitted
to the Council, an Ordinance using the language from the 1959 State Law. He further re-
lated that it had been called to his. attention by Mr. Robert Willis, Attorney, that he had
. used the 1959 State Statute, which had been changed by anew State Law passed in 1961, thus
• making it necessary to compose a new ordinance. He then_instructed the Council that the
new ordinance could be considered upon the withdrawal of the motion and second to pass the
ordinance as prepared and read on January 24, 1966. Councilman Brown and Councilman Lam -
bert withdrew their motion and second to pass the first ordinance. The new ordinance to be
known as Ordinance No. 765, was then read and considered. It was MOVED by Brown, seconded •
by Lambert that Ordinance No. 765 relating to public safety and morals and prohibiting the
sale or distribution of obscene literature and amending the Yakima Municipal Code, be
passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson vot-
ing aye on roll call. Discussion followed by representatives of the Committee for Decent
Literature, the American Civil Liberties Union and many private citizens. Dr. Patton,
chairman of the Decent Literature committee, explained their organization was formed a year
• ago as a group, first, to inform the public of the danger of Obscenity, and second, to en-
force the law, and expressed concern about pornography falling into the hands of children
and juveniles. Judge Robert Willis, speaking in favor the ordinance said .it is aimed at
those who deal in and have knowledge of obscene literature. Reverend Glenn Turner, Ministe,
of the Unitarian Church in Yakima, objected to having someone say what he can and cannot
look at. Mrs. Mary -Jean Lord, speaking against the ordinance, said she didn't believe the
ordinance would have any effect, that it is such things as ignorance and poverty which leav:
children ill- equipped to fit into society, and that healthy minds in a proper environment
can'take obscene literature in stride and avoid it Homer Splawn, member of the Decent
Literature Committee, protested Reverend Turner's remarks and spoke in favor of the ordi-
nance. Reverend 14. King, a Grandview Minister, spoke enthusiastically for the ordinance.
The ACLU is dubious about the legality of the ordinance, according to Mauno Saari, president
of the Yakima chapter and thinks this obscenity ordinance would encourage the activities of
non- official censors. Councilmen Brazier and Lynch spoke for the ordinance explaining agar
that this proposed ordinance replaces an ordinance now in effect, and will bring that Ordi-
nanc_e in line with the present State Law, and that they are interested in the protection of
children. They also suggested that.this ordinance will give our local law enforcement
people a better basis to work from. Councilman Kurbitz, in voting aye, stated that there
is possibly a difference here regarding censorship and ideas, and at least we will have •
done something to remedy this to some extent. Councilman Lambert, in voting aye, remarked
that because of all of the questions that have been raised at this meeting, we do need an
upgrading of our existing ordinance. •
ORDINANCE NO. 765, AN ORDINANCE relating to public safety and morals; prohibiting the
exhibition, sale or distribution, or the possession with intent to sell or distribute, of
obscene literature, pictures and similar material; and amending Section 6.04.455 of the
City of Yakima Municipal Code. •
This being the time set for the" hearing on Resolution No. D -899, being a Resolution of
Intention to create a Local Improvement District to improve property by constructing water
mains in the Fairbrook Addition and on South 21st Avenue from Tieton Drive to McClaren
Street, and there being no protests in writing or otherwise, it was MOVED by Robinson,
. seconded by Brown that Ordinance No. 766 creating L.I.D. No. 949, be passed as read: carries,
Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call.
ORDINANCE NO: 766, AN ORDINANCE providing for the improvement of certain property by con-
structing the necessary mains, fire hydrants, valves and other appurtenances for the purpos:
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 set for the hearing on Petition No. 435, as filed by Maude Tesh, re-
questing rezone of property located at 211 East "C" Street, and the hearing on Petition I\Io.
436, as filed by Erma Frye and Others requesting rezone of property located between N. 5th
• Avenue and N. 6th Avenue and "B" Street, and since notice of these two hearings had not
been given by publication, it was MOVED by Robinson, seconded by.Lynch that said hearings
be continued until.February 14, 1966, and that due notice be given by publication, as well
as to each interested property owner in the area: carried, Brazier, Brown, Kurbitz, Lambert,
Larson, Lynch and Robinson voting aye by voice vote. .
Petition No. 439, having been filed with the City Clerk on January 27, 1966, by Lawrence
Libengood and Others, requesting construction of a sewer for a portion of Washington Ayenue
Addition and Chandler Addition, it was MOVED by Brazier, seconded by Lynch 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.
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• Petition No. 440, having been filed with the City Clerk on January 27, 1966, by Boise
Cascade Corporation, requesting vacation of a portion of East "GT' Street, it was MOVED by
Lynch, seconded'by Brown that said Petition be referred to the City Manager and.Staff for
study and recommendation: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson
voting aye by voice vote. Brazier temporarily absent.
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119. •
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JANUARY 31, 1966
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A Notice of Intention to Commence Annexation Proceedings, having been filed with the City
Clerk on January 31, 1966 by John A. Lanik, for property located on North 58th Avenue, Nort
of Englewood and South of Scenic Drive, and Mr. Lanik being present at this meeting, it was
MOVED by Robinson, seconded by Lambert that this date, January 31, 1966, be set as the time
of meeting with the initiating. party: carried, Brazier, Brown, Kurbitz, Lambert, Larson, •
Lynch and Robinson voting aye by voice vote. Mr. John A. Lanik, having stated to the Coun-
cil that the area to be annexed is willing to assume its share of the City's existing indeb
tedness, it was MOVED - by Robinson, seconded by Lambert that the annexation proposed by said
party be accepted by the City of Yakima and that the area to be annexed be required to
assume its share - of the City's existing indebtedness: carried, Brazier, Brown, Kurbitz, .
Lambert; Larson, Lynch and Robinson voting aye by voice vote. •
An ordinance appropriating $5,643 from the Current Expense Fund to the Police Department
Budget for 1966, 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 February 7,
1966. .
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MOVED by Lambert, seconded by Brown that Ordinance No. 767 regulating automobile rental
businesses at the Yakima Municipal Airport, and creating a new chapter to the City of Yakim.
Municipal Code, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch
and Robinson voting aye on roll call.
ORDINANCE. NO. 767, AN ORDINANCE regulating automobile rental businesses, at Yakima Municipal
Airport; prohibiting such business without an agreement and license therefor; providing a •
penalty for violations; and creating Chapter 5.07, entitled "Airport Automobile Rentals". as
a new chapter to the City of Yakima Municipal Code; and declaring an emergency.
MOVED by Robinson, seconded by Brown that Resolution No. D -903 authorizing execution of
automobi ; r a entQt b sr .aas agreements with car rental operators at the Yakima Municipal
Airport, In i cAsion, Mr. Myrlin Ackerman of Avalon Service, indicated•he thought the •
lease should state a maximum of four rental services for the year of the lease, that they
should be protected by making sure there would be no further negotiations with any other-
rental business once the lease is signed for the year. Representatives of the other car
rental businesses concurred with Mr. Ackerman. Councilman Lynch indicated he agreed with
the car rental businesses, that they should be protected against other rental businesses
being able to come in, and it should be so stated in the lease agreement. Councilman
Robinson indicated he felt that the lease agreement should not be changed, that this is .
only a one -year situation, and as long as the four are .all that can be handled at the
present time,. our staff would be reasonable, but the City should not have its hands tied by
such an agreement if a situation should come up that would benefit the city making a change
In answer to Councilman Lambert's request for -his opinion, City Manager Smith stated the. •
lease.agreement is in line with what we have done in the past. For several years there
were three rental businesses at the airport, then four and the present space will not allow
for more than four car rental businesses. It was MOVED by Lynch, seconded by Brazier, that
the Automobile Rental Business Agreement and License form be amended on -Page 2, inserted in • -
the first sentence of No. 9,,to read -- "not to exceed a total of four operators (including
Licensee herein), ":carried, Brazier, Brown, Larson and Lynch voting aye by voice vote.
Kurbitz, Lambert and Robinson voting no by voice vote. It was also brought to the atten-
tion of the Council that in the listing of the Car Rental Businesses in Resolution No. D -90
West Coast Airlines, Inc., a corporation, should be changed to Budget Rent- A- Car Oregon,
Inc. , a corporation. It was MOVED by Robinson, seconded by Brown that Resolution No'. D -903
should be amended as stated: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and
Robinson voting aye by voice vote. After due discussion, it was MOVED by Robinson, seconder!
by Brown that Resolution No. D -903 be passed as amended: carried, Brazier, Brown, Kurbitz,
Lambert; Larson, Lynch and Robinson voting aye on.roll call.
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RESOLUTION NO. D -903, A RESOLUTION authorizing the City Manager and City Clerk to execute
automobile rental business agreements With car rental operators at the Yakima Municipal .
Airport.
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Petition No. 440, as filed with the City Clerk on January 27, 1966, by Boise Cascade, Corp,
requesting vacation of a portion of East "G" Street, having been referred to the City
Manager and Staff earlier in this meeting, it was MOVED by Robinson, seconded by.Lynch that
Resolution No. D -904 fixing the time for hearing on said petition for February 21, 1966,
be passed-as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye =
on roll call.. Brazier not voting,.
RESOLUTION NO. D -904, A RESOLUTION. fixing the time and place for hearing on petition for
vacation of a public street. •
MOVED by Robinson, seconded by Lambert that Resolution No. D -905, being a Resolution of •
Intention to create a local improvement district to construct sewers to serve portions of
Fairbrook, Coonse State, Rasmussen, Washington Avenue and Chandler Additions, in accordance
with.Petitions No. 400,426, 437 and 439., and fixing the date of hearing for said matter for
February 21, 1966, be passed as read: carried, Brazier, Brown, Kurbitz, Lambert,. Larson,
Lynch and Robinson voting aye on roll call.
RESOLUTION NO. D -905, A RESOLUTION of intention to create a local improvement district.
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MOVED by Lynch, seconded by Robinson that Resolution No. D -906 appointing Fred H. Andrews
acting City Manager from February 2nd through February 4th, 1966, be passed. as read:
carried, Brazier, Brown, Kurbitz, Lambert,' Larson, Lynch and Robinson voting aye on roll
call. City Manager Smith explained that he would be in California attending a Conference
for City .Managers .
RESOLUTION NO. D -906, A RESOLUTION appointing Fred H. Andrews acting City Manager from
February 2nd through February 4, 1966.
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JANUARY 31, 1966
The City Treasurer having submitted the following Investment report:
December 31, 1965
Mr. George D. Smith, City Manager
Yakima, Washington
• Dear Sir:. .
The following investments were purchased during the month of December, 1965:
WATER -SEWER .
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Yakima L.I.D. #533 - Bonds #25/26 @ 3500.00 ea. purchased from .
Mater Deposit Fund $ 1,000.00 .
Yakima L.I.D. #534 - Bonds #25/29 @ $500.00 - purchased from
Water Deposit Fund 1,000.00
U. S. Treasury Discount Bill #13359571 @ 10M - .Safekeeping
Receipt No. 377$ - Due 2/10/66 - purchased from Water Deposit
Fund 9,504.42
U. S. Treasury Discount Bill #13457324 @ 1OM - Safekeeping
Receipt No. 3973 - Due 3/10/66 - purchased from Water
Deposit Fund 9,529.17
U.S. Treasury Discount Bills #1315 7013 & #13159071 @ 10M
Safekeeping Receipt I\1o. 370$ - Due 6/30/66 - purchased
from Garbage Fund 19,249.65 • $ 40,553.24
CUMULATIVE RESERVE FOR DOMESTIC WATER SUPPLY DEVELOPMENT
U. S. Treasury Discount Bills 1359072/4 @ 1OM - Safekeeping
Receipt No. 3707 - Due 6/30/66 - purchased from Sewer
Construction Fund 25,574.48
U. S. Treasury Discount Bill 13755561 @ 10M - Safekeeping
Receipt No. 4153 - Due 11/30 66 9,569.75 3$,444.26
1962 STREET IMPROVEMENT GENERAL OBLIGATION BOND REDEMPTION
U. S. Treasury Discount Bills #13319701 & ##13320137 @ 10M
Safekeeping Receipt No. 4154 - Due 7/31/66 • . 19,444.17 19,444.17
GENERAL OBLIGATION BOND REDEMPTION FOR LIBRARY BUILDING
U. S. Treasury Discount Bills #3292017 @ 5M & # #3391 -
@ 10M - Safekeeping Receipt No. 4212 - Due 2/10/66 14,595.23 14,595.23
CITY GARAGE
U. S. Treasury Discount Bills #3446695/6 @ 5M - Safekeeping
. Receipt No. 4155 - Due 6/9/66 9,752.44 9,752.44
CURRENT EXPENSE
U. S. Treasury Discount Bills #13391556 & #13391944/6 @ 10M
.Safekeeping Receipt No. 4210 - Due 2/10/66 39,725.60
U. S. Treasury Discount Bill #563496 @ 50M - Safekeeping.
Receipt No. 4174 Due 1/6/66 49,570.00 59,595.60
FIREMEN'S RELIEF & PENSION
Yakima L.I.D. #929 - Installment Loan Note #1 25,626.00
Yakima L.I.D. # #931 - Installment Loan Note #1 920.45
Yakima L.I.D. # #933 - Installment Loan Note #1 23,562.25.
Yakima L.I.D. #941 - Warrant #3 7,052.33 57,161.09 .
CEMETERY TRUST
Yakima L . I . D . # #942 - Warrant #4 134.69
Yakima L.I.D. #943 - Warrant #5 24,133.42 24,26$.11
WATER -SEWER REVENUE BOND REDEMPTION 1956 RESERVE ACCOUNT'
U. S. Treasury Discount Bills #12537951/2 @ 10M &
#2947365 @ 5M - Safekeeping Receipt No. 512 - Due 11/30/66 23,951:53 23;951.53
Total investments purchased during the month of December $ 315,431.97
Investments purchased during the month of December from the City Treasurer's Surplus Cash:
SEATTLE -FIRST NATIONAL BANK - U. S. Treasury Discount Bills
#13725916, & #13535196 @ 1OM & #552315 @ 50M - Safekeeping
Receipt No. 15769 -.Due 11/30/66 •$ 66,961.07 $ 66,961.07 .
CENTRAL YAKIMA BRANCH NATIONAL BANK OF WASHINGTON U. S
U. S. Treasury Discount Bill #602166 @ 50M.- Safekeeping
Receipt No.• - Due 11/30/66 47,504.21 47,504.21'
THE NATIONAL BANK OF C0iThTRCE - U. S. Treasury Discount Bills
#13535355/5 @ 10M & #552361 @ 50M - Safekeeping Receipt
No. SKR - 09257 - Due 11/30/66 56,047.55 56,047
. Total City Treasurer's Surplus Cash Invested $ 200,512.$6
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• JANUARY 31, 1966
Investments sold during the month of December, 1965:
WATER DEPOSIT . '
Yakima L.I.D. # #833 - Bonds #25/26 @ $500.00 $ 1,000.00
Yakima L.I -. Bonds #28/29 @ $500.00 1,000.00
U. S. Treasury Discount Bill #13389571 @ 10M- Receipt #3778. 9,804.42
U.S.Treasury Discount Bill #1348 ?324 @ 10M- Receipt No.3973' .9;829:17
U.S.Treasury.Discount Bill #13006828 @ 10M- Receipt No.3590 9,806.43 31,440.02
WATER- SEWER •
U.S.Treasury Discount Bills #1312676$ @ 1OI'I & #498698 @ 50M
Safekeeping Receipt #3 885. - 59,440.30 59,440.30 •
MUNICIPAL GARBAGE
U.S.Treasury Discount Bills #13157013 & #13159071 @ .10I'M1
Safekeeping Receipt #3708 19,249.65 19,249.65
SEWER R CONSTRUCTION .
U.S.Treasury Discount Bills #3193722, 3195663; 3196303,
3193960 & #3196285/86 @ 5M - Safekeeping Receipt #3977 29,812.18
U.S.Treasury Discount Bills ##139072/4 @ 10M - Safekeeping
Receipt #3707 28,874.'48 58, 686.66
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IRRIGATION .
U. S. Treasury Discount Bill # #13006829 @ 10M - .
Safekeeping Receipt #3591 9,$06.43 9,806.43.
L.I. GUARANTY
• Yakima L.I.D. #933 - .Warrant #1 9,070.64 9,070.64
CITY STREET
U.S-. Treasury Discount Bill #13126751 @ 10M -
Safekeeping Receipt #3882 9,906.72
U.S. Treasury Discount Bills # #3196298/300•& #334886
@ 5M - Safekeeping.Receipt ##3976 19,874.79 29,781.51
CITY GARAGE
U.S. Treasury Discount Bills #13127526 & #13490589 @
10M - Safekeeping Receipt , #3886 . 19,813.43 19, 813.43
CURRENT EXPENSE .
U.S. Treasury Discount Bill. #.BTCR -01 -35080 @ 50M -
Safekeeping Receipt #3697 49,223.36
U.S. Treasury. Discount Bill #502471 @ 50M Safe-
keeping Receipt ;'3884 49,499.97 98,723.33
ARTERIAL STREET .
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. U.S. Treasury Discount - Bill #13006827 @ 10M - •
Safekeeping Receipt , #3592 9,806.43
U.S. Treasury Discount Bills #13126780/81 & #13127295
• @ 10M - Safekeeping Receipt #3880 29,720.15 39,526.58
FIREMEN'S RELIEF & PENSION •
Yakima L.I.D. #903 - Insta_llment Loan Note #1 12,773.42
Yakima L.I.D. 4x929 - Warrants #2/5 Inclusive 25,095,98
Yakima•L.I.D. #x933 - Warrants #2/5 Inclusive 14,883.69 52,753.09 •
CEMETERY TRUST
Yakima L.I.D. #847 - Bonds #88/91 Inclusive 2,000.00
Yakima L.I.D. #911 - Installment Loan Note #1 1,847.64
Yakima .L . I . D , #929 - Warrant #1 3,053.92
Yakima L.I.D. #931 - Warrant #1 1,549.09
U.S. Treasury Discount Bill #13126752 @ 10M -
Safekeeping . Receipt #3879 9,906.72 18,357.37 •
WATER-SEWER REVENUE BOND REDEMPTION 1956 PRINCIPAL & INTEREST
. U.S. Treasury Discount Bill #13147377 @ 10M -
Safekeeping Receipt #3833 9,869.09 9,869.09
GENERAL OBLIGATION BOND REDEP.MPTION FOR LIBRARY BUILDING
U.S. Treasury Discount Bills #5916830, 5841415, 5916777,
5916596 & #5916598 @ 1M & #3203201 @ 5P4 - Safekeeping
Receipt #3834 9,869.10 9 #869.10
WATER -SEWER REVENUE BOND REDEMPTION 1964 PRINCIPAL & INTEREST .
U.S. Treasury Discount Bill # #FTCR - 01 -35080 @ 10M
Safekeeping Receipt #3699 9,844.67 9,844.67
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. WATER -SEWER REVENUE BOND REDEMPTION 1956 RESERVE ACCOUNT
U.S. Treasury Discount Bills #12622288/9 @ 10M & #2996866 24,016.53
-@ 5m - Safekeeping Receipt #139262 24,016.53
Total investments sold during the month of December - $ 500,248.40
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JANUARY 31, 1966
Investments sold during the month of December from the City Treasurer's Surplus Cash:
SEATTLE -FIRST NATIONAL BANK -.U. S. Treasury Discount Bills
#13156527/28 Co 10M & #484872 @ 50M - Safekeeping Receipt
#11991 • 8 68,918.38 68,918.38
THE NATIONAL BANK OF COMMERCE - U. S. Treasury Discount Bills
#13006909 & #13006914/6 @ 10M.& #484884 @ 50M - Safekeeping
• Receipt #07256 88,527 ;38 88 ,527.38
CENTRAL YAKIMA BRANCH OF NATIONAL •BANK OF -WASHINGTON - U.S.
#5916350/353, 5916634, 59170187 & #5917192/200 @ 1M &
#3203320, 3203396/7, 3203418/20'& #3203457 @ 5M -
Safekeeping-Receipt #234 49,190.38 49,190.38
Total City Treasurer's Surplus Cash Investments sold during December - - - $ 206,636.14
. Yours very truly,
Gladys H. Richter .
City Treasurer .
/s/ by: Doris A. Hufferd
Deputy City Treasurer
APPROVED: INVESTMENT COMMITTEE
Js/ John Larson Mayor
1s/ George Smith City Manager
/s/ Gladys H. Richter City Treasurer
it MOVED by Robinson, seconded by Lynch.that the'report of the City Treasurer dated
December 31, 1965, regarding the investments of the City of Yakima, be accepted and
approved: carried, Brazier, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye •
by voice vote.
Damage Claims having been filed with the City Clerk on January 26, 1966 by Tony Kam, 1009
S. 21st Avenue for treatment of injury caused when he fell over a recessed water meter, and
on January 31, 1966.by Hattie and James Foley for damage caused to basement and property by
flooding when a City water line broke, it was MOVED by.Robinson, seconded by Brown that said
damage claims be referred to the Staff for study and recommendation: carried,.Brazier,
Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote.
An Application for water hookup outside the City, having been filed with the City Clerk by
Bruce K. Rose, for property located at 1706 S. First Street, and Mr. Rose being present and
indicating he is in the process of.annexation proceedings and is willing to the out -
` side hookup agreement, it was MOVED by Kurbitz, seconded by Brazier that said application
• • be accepted and the Staff process the necessary agreement, for this hookup: carried, Brazier,
. Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. It was ex-
plained by Planning Director, Rudy Gast, that this outside hookup is requested because Mr.
Rose would like to have a City fire hydrant put in front of his place. There was one there
some years ago, Mr. Rose is in the process of annexing, but this will take more time and
he would like this fire hydrant put in as soon as possible.
There being no further business to come before the Council, it was MOVED by Kurbitz,
seconded by Brown that we do now adjoyy • at the hour of 5:00 P.M.: carried, Brazier, Brown,
Kurbitz, Lambert, Larson, Lynch arj ''Rob' son votin; aye .r oice vote.
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READ AND CERTIFIED ACCURATE-B /..1 i 1 / • / � 2 , -{/ J DATE ;Z/74 C
COUNCILMAN
DATE / ? A .�
COUNCILMAN
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