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Home My WebLink About05/02/1966 Business Meeting 157 MAY 2, 1966 s . The City Council met in regular session, Mayor Larson presiding, Councilmen Brazier, Brown, Lambert and Robinson, City Manager Smith and City Attorney Andrews present on roll call. Kurbitz and Lynch absent on roll call. Councilman Lynch excused from this meeting at the previous meeting. It was MOVED by Robinson, seconded by Brazier that Councilman Kurbitz be excused from this meeting: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye by voice vote. The Invocation was given by Councilman Lambert. The minutes of the regular meeting of April 25, 1966, having been duly certified accurate by two councilmen and no one present wishing to have said minutes read publicly, Mayor Lar- son declared said minutes approved as recorded. This being the time fixed for the continuation of the Hearing on Petition No. 456, as filed by Ruby W. Harrison, requesting rezone of property situated at 24th and Washington Avenues, it was MOVED by Robinson, seconded by Lambert that this Hearing be continued for one week, or until the regular Council meeting on May 9, 1966: carried, Brazier, Brown, Lambert, Lar - son and Robinson voting aye by voice vote. Kurbitz and Lynch absent. In accordance with action taken at the last Council meeting on April 25, 1966, and the Claim for Damages as filed by Anthony Chapman, having been reinvestigated by the Staff, it was MOVED by Brown, seconded by Robinson that Resolution No. D - 943 authorizing payment of 514$.47 to Anthony Chapman for said damages: carried, Brown, Lambert, Larson and Robinson voting aye on roll call. Brazier voting nay on roll call. Kurbitz and Lynch absent. In discussion, City Attorney. Andrews stated that in previous investigation of this case, there was doubt that the proper backup valve had been used by Mr. Chapman and the reinvestigation showed that Mr. Chapman had used the correct backup valve, as required by City Code, and . had oiled it and kept his line in good condition. Mr. Andrews further stated that although there is not proof that the City was negligent in this case, and he read a digest of a similar case that had been settled in favor of the claimant in the State of Washington, he recommended that the City, although not considered an Insurer, pay this claim to Mr. Chap- man. Councilmen voting in favor of paying this claim . stated that although they do not con- sider the City an Insurer, they feel that Mr. Chapman has done more than the average person in maintaining and caring for his sewer line. RESOLUTION NO. D -943, A RESOLUTION authorizing payment of a Damage Claim filed by Mr. Anthony Chapman. Petition No. 469, having been filed with the City Clerk on April 2$ ,1966, by Jack R. Gus- tafson and Gene Souder, requesting construction of a sewer in the vicinity of Scenic Drive and 53rd Avenue, and to create a local improvement district, it was MOVED by Lambert, seconded by Robinson that said Petition be referred to the City Manager and Staff for study and recommendation: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and Lynch absent. Discussion indicated annexation of this vicinity is in process and when the annexation is' final, then the local improvement district can be formed to construct said sewer. A Notice of Intention to Commence Annexation proceedings, having been filed with the City Clerk on May 2, 1966, by United Builders of Washington, Inc., and respresented at this meeting by Mr. Karl Graf, Jr., Secretary, requesting annexation of property located between Nob Hill Boulevard and Tieton Drive and West of 47th Avenue, it was MOVED by Robinson, seconded by Brown that this date, May 2, 1966, be set as the time of meeting with the initiating party: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and Lynch absent. Mr. Graf, having stated to the Council that the area to be annexed is,willing to assume its share of the city's existing indebtedness, it was MOVED by Robinson, seconded by Lambert that said annexation 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 indebted- ness: carried, Brazier, Brown, . Lambert, Larson and Robinson voting aye by voice vote. Kur- bitz and Lynch absent. (On January 21, 1966, a Notice of Intention was filed by the same Petitioner, covering a smaller area, same location). MOVED by Brown, seconded by Lambert that Ordinance No. $00 relating to the City Garage_Fund, establishing equipment rental rates and amending the Yakima Municipal Code, be passed as read: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye on roll call. Kur- bitz and Lynch absent. ORDINANCE NO. $00, AN ORDINANCE relating to the City Garage Fund; amending Section 3.15.010 of the City of Yakima Municipal Code creating such fund and declaring its purposes.; and amending Section 3.15.030 establishing rental rates for equipment, materials and supplies owned by such fund; and declaring an emergency. MOVED by Lambert, seconded by Brown that Resolution No. D - 944 transferring equipment from the Engineering and Cemetery divisions to the City Garage Fund, be passed as read: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. . RESOLUTION NO. D - 944, A RESOLUTION transferring . equipment from the Engineering Division and the Cemetery Division of the Public Works. Department to the City Garage Fund. MOVED by Robinson, seconded by Brown that Ordinance No. D -945 authorizing the temporary closure of a. portion of Naches Avenue for Sunfair events - June 1$ and June 25, 1966 Yakima Valley Sportsman's Association &.Association of N.W. Steelheaders, respectively, be passed as read: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. RESOLUTION NO. D -945, A RESOLUTION authorizing the temporary closure of a portion of Naches Avenue for Sunfair events. MOVED by Robinson, seconded by Lambert that Resolution No. D -946 authorizing payment of a Damage Claim, as filed by Donald G. Moen, in the amount of 5104.47, be passed as read: carried, Brown, Lambert, Larson and Robinson voting aye on roll call. Brazier voting nay on roll call. Kurbitz and Lynch absent. Discussion indicated that Mr. Moen lives next door to Mr. Chapman and the sewer backed up'in his basement at the same time as Mr. Chap- man's and being the same situation, it was recommended that the City also pay this claim. (See minutes above.) AL '158 .x. MAY 2, 1966 RESOLUTION NO. D- 946, A RESOLUTION authorizing payment of a Damage Claim filed by Mr. Donald G. Moen. MOVED by Brown, seconded by Lambert that Resolution No. D -947 authorizing a Farm Lease Re- newal Agreement between the City of Yakima and Congdon Orchards, Inc., be passed as read: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. • RESOLUTION NO. D -947, A RESOLUTION authorizing and directing the City Manager and City Clerk to enter into a "Farm Lease Renewal Agreement" with Congdon Orchards, Inc. MOVED by Robinson, seconded by Lambert that Resolution No. D -94a authorizing an Orchard Lease Agreement with Loren H. Miller, be passed as read: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. Utilities Director Frank Stein, explained that this is the orchard property at the City Reservoir and has been leased by Loren H. Miller in the past. He further explained that Mr. Miller has signed the lease for only one year with the idea that Mr. Walter Lange, who is interested in leasing the property on a five and five -year basis, but is unable to do it this year and will lease it after the one year. Mr. Lange is interested only in a long -term lease so he can plant new peach trees. Mr. Stein explained that the Park Department is interested in this site for future park area, but will not be ready to consider it for at least another five years or more. . RESOLUTION NO. D -94$, A RESOLUTION authorizing and directing the City Manager and the City Clerk to execute an Orchard Lease Agreement with Loren H. Miller. A damage claim having been filed with the City Clerk on May 2, 1966, by the J. J. Newberry Co. Store #125, in the amount of 329.46 to cover damages caused by a street flusher getting water down the elevator shaft and damaging merchandise, it was MOVED by Robinson, seconded by Brown that said claim be referred to the City Manager and Staff for study and recommenda- tion: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye by voice vote. Kur- bitz and Lynch absent. . An application for connection to the City water system outside the Yakima City Limits, having been filed by Yakima School District No. 7, it was MOVED by Robinson, seconded by Brown that said Outside Application be approved: carried, Brazier, Brown, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and Lynch absent. Planning Director, Rudy Gast, explained this request is for the purpose of getting water to the location of a future..Juiior High School located between S. 10th and 12th Avenues and Washington and Mead Avenues. He further explained that at present this property is outside the City Limits and the School District officials are desirous of having this property annexed to the City, but it is not contiguous to the present Yakima City Limits and an attempt is being made to bring in a larger area to include this property. There being no further business to come before the Council, it was MOVED by Brazier, secon- ded by Robinson that we do now adjourn at the hour of 3 :55 P.M.: carried, Brazier, Brown, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Kurbitz and Lynch absent. READ AND CERTIFIED ACCURATE BY A : olig �jr�; ,,._ DATE S — b6 F' C,UNCIL i !,i • • \ DATE 5 COUNCILMAN ATTEST: C I T Y C L E R K MAYOR