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HomeMy WebLinkAbout06/13/1966 Business Meeting 17" June 13, 1966 The City Council met in regular session:; Mayor Larson presiding, Councilmen Brazier, Lamber', Kurbitz, and Lynch, City Manager Smith and City Attorney Andrews present on roll call. Bro and Robinson absent and excused. The Invocation was given by Councilman Brazier. The minutes of the regular meeting of June 6, 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. This being the time fixed for the continuation of the hearing on Edgecliff Manor No. 2 and Horizon Heights No. 2, Replats, from May 31, 1966, City Manager Smith explained that there have been several meetings, principally involving technical problems in connection with the shifting of L.I.D. payments and the original Assessment Roll based on the plat as it existe• at that time, and with the replat there will have to be another confirmation of the assess- ment roll based on the replat. He further suggested to the Council that the date for the • hearing be set for August $, 1966, on the final confirmation of the Assessment Roll, as wel as the hearing on the final replat. After due discussion, it was MOVED by Lynch, seconded by Brazier that August $, 1966, be fixed as the time of final hearing on the replat of Horizon Heights No. 2 and Edgecliff Manor No. 2, and the hearing . on the confirmation of the assessment roll on said replat request:. carried, Brazier, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Brown and Robinson absent. This being the time fixed for the continuation of the hearing on Petition No. 451, as filed by Robert Moriarty and Others, requesting vacation of a portion of Barge Street between 41su and 42nd Avenues, it was MOVED by Lambert, seconded by Lynch that Resolution No. D -963 deny ing said Petition to vacate, be passed as read: carried, Kurbitz, Lambert, Larson and Lynch voting aye on roll call. Brazier voting nay on roll call. Brown and Robinson absent. Mr. Don Picatti, being present and one of the property owners in this vicinity, stated that the property owners affected by this vacation are 1005 in favor of said vacation. He further explained that the property owners have done some landscaping and would like to have this property vacated so that they can continue to beautify it. Other property owners speaking in favor of said vacation were Mr. Bob Rogers, Mrs. Fred Moss, Bob Moriarty. and Mr. Country • man, all stating they do not want a street to be put through on this and request- ing said vacation so that this cannot be done. Planning Director Rudy Gast, referred to a letter from the Fire Department, stating that there should be good access to the homes in case of fire. In answer to Councilman Brazier's question that if the Fire Department hadn't been questioned about this situation, would they have eventually brought the matter up,. Mr. Gast said that in connection with the work that the new Fire Chief has been doing in study- ing the matter of the adequacy of fire service, the matter possibly would have come up in the near future. Mr. Gast further indicated that he felt that the Council should consider very carefully the access by the Fire Department to these homes, and that he and the Plan- ning Commission are very much against granting said vacation. Public Works Director, John Mayo, explained that when and if the City should decide to put in a street in this area, it would be because property owners had requested it as they would be the ones to pay for it and then it would go before the City Council, hearings would be held, a chance to protest would be given, and all the normal procedures of an L.I.D. would be carried out. The possibility of a gravel access road being put in upon a request from the Fire Department, was discussed. Councilman Brazier stated that he doesn't favor vacating the street because . once a street is vacated by the City, it is gone forever, as far as getting it back in the same manner it was given. Councilman. Lambert expressed appreciation that the people in the area have beautified it, but indicated that she is against planting large trees in this area. Councilman Kurbitz stated that he is in complete sympathy with the property owners, but that he doesn't think they have any worry about a road going through here. The Council generally indicated that there are no immediate plans for a street through this area; there- fore, no need to vacate, and encouraged the property owners to landscape. RESOLUTION NO. D -963, A RESOLUTION denying a petition to vacate a portion of Barge Street ' in the City of Yakima, Washington. . This being the time fixed for a hearing on Petition No. 453, as filed by Neal D. Turner and Others requesting vacation of W. Walnut Street from Chisholm Trail, West to S. 44th Avenue, and City Attorney Andrews explaining that he did not draw up an ordinance or resolution because he does not have a correct legal description of the exact area to be vacated. He further indicated he felt that the situation should be discussed by the Council members and a more specific directive given to him as to their desires. Mayor Larson opened the hear- ing for discussion by those present. Mr. J. P. Krieger, property owner, spoke in favor of the vacation, indicating that pending the passage of the requested vacation, Sherwood and Roberts will purchase four lots that will be broken up into three lots. He further stated that vacating this street and putting in the requested cul -de -sac will make the lots more saleable. .Others speaking in favor the vacation were Charles Countryman and Neal Turner, and they were generally in accord with the recommendation of the Planning Commission in their letter of May 6, 1966 to the City Council. There were no persons present speaking against said vacation. Councilman Lynch stated that he thought this might be a similar situation to the Barge Street vacation as acted upon earlier in this meeting. He further • stated that he hated to vacate any right -of -way, unless it can be shown without a doubt, that the City can never have any need for it in the future. He stated there might be a need sometime for thoroughfare up on to the Bel Air road without having to go around the block to reach Bel Air. It was MOVED by Brazier, seconded by Kurbitz that the City Council prepare an Ordinance in accordance with the Planning Commission's recommendations as set forth in their letter of May 6, 1966 to the Council, and in keeping with the Engineer's specifications. This Motion failed for want of a majority vote. Brazier and Kurbitz voting aye by voice vote. Lambert, Larson and Lynch voting nay by voice vote. Brown and Robinson absent. Councilman Lynch stated that he is not in favor of vacating Bel Air to 44th. Public Works Director, John Mayo, in answer to questions as to the Engineering Department's recommendation, stated that he favors vacation of the area east of the end of Bel Air and from Bel Air over to 44th with a cul -de -sac at the end of Bel Air Drive and a= pedestrian easement retained from Bel Air Drive to 44th Avenue. After due discussion, it was MOVED by Brazier, seconded by Lambert that an Ordinance be drawn in accordance with the Planning Commission's recommendations in their letter of May 6, 1966, substituting Bel Air Drive, in place of Chisholm Drive, in condition No. (2) in said letter: carried, Brazier, Kurbitz, Lambert and Larson voting aye by voice vote. Lynch voting nay by voice vote. Brown and Robinson absent. 174 • June 13, 1966 : This being the time fixed for the hearing on Petition No. 459, as filed by Chris L. Bickler, requesting vacation of a portion of the right -of -way of East Nob Hill Blvd., between Fair Avenue and S. 8th Street, it was MOVED by Lambert, seconded by Lynch that a Resolution deny- ing the petition to vacate said street, be passed as read. Mrs. Bowden, representing Mr. Bickler, stated that this property was deeded to the City at the time the Lenox overpass was in the process of being constructed, with the idea that if the City did not use it, it would be given back to Mr. Bickler. She further stated that when he had first brought in this petition, he understood that it was just a formality and did not realize he should attend the Planning Commission hearing. The Planning Commission has recommended that this petition be denied as no one appeared at their hearing in favor of it. Councilman Brazier stated that since this information was not available to the Planning Commission and the City Council, the staff should take a look at it and find out more about the original quick claim deed and action be taken at a later meeting. After due discussion, Councilman Lynch with - drew his second to the Motion to deny said petition acid Councilman Lambert withdrew. her Motion. It was then MOVED by Lynch, seconded by Lambert that this hearing be continued to June 27, 1966 and that the City staff survey this street and the quick claim deed and make further recommendation at said meeting:. carried, Brazier, Kurbitz, Lambert, Larson and Lynch voting aye by voice vote. Brown and Robinson absent. This being the time fixed for a hearing on Resolution No. D -961, being a resolution of in- tention to improve certain streets by constructing concrete curbs :and gutters and grading an• surfacing, in accordance with Petition No. 471, and John Mayo, Public Works Director, reporting that there were only two property owners protesting this improvement in writing, it was MOVED by Lynch, seconded by Lambert that Ordinance No. $0$ providing for said im- provement and creating L.I.D. No. 955, be passed as read: carried, Brazier, Lambert, Larson and Lynch voting aye on roll call. Kurbitz absent and excused at 5:05 P.M. Brown and Robinson absent. Mr. Marvin Greenup, property owner in this vicinity, being present, ex -. plained that he is not against the improvement, but is protesting the amount he is assessed as he does not understand why the property owners at the intersections: of this Arterial are not assessed as are the people between the intersections. John Mayo,. Public Works Direc- tor, explained that since this is an Arterial, the City pays for the intersection work and also pays more of the cost of improvement than the property•owners have to in between the intersections; therefore, the cost to property owners abutting an improvement on an Arter- ial is much less than when the improvement is not on an Arterial. Mrs. Dolsen, property owner, being present, stated that she is very much in favor of the improvement. ORDINANCE NO. $0$, AN ORDINANCE providing for the improvement of certain property by grad- ing, ballasting, surfacing with asphaltic concrete, constructing concrete curbs, gutters and sidewalks, together with necessary drainage features; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. An Ordinance appropriating 33,500 from the Water -Sewer Fund to the 1966 Budget for the same fund, having been read in its entirety, was ordered laid on the table, to be read and con - sidered at the next regular meeting of the City Council on June 20, 1966. An Ordinance appropriating 36,350 from the Street Fund to the 1966 Budget for the same fund, having been read in its entirety, was ordered laid on the table, to be read and considered at the next regular meeting of the City Council on June 20, 1966. MOVED by Lynch seconded by Lambert that Resolution No. D -964 repealing Resolution No.. D -957 authorizing the auction sale of certain City owned property, and cancelling said auction sale, be passed as read: carried, Brazier, Lambert, Larson and Lynch voting aye on roll call. Brown, Kurbitz and Robinson absent. Purchasing Agent, Kermit Smith, explained that the auction sale had to be cancelled because the decision to sell the 1965 Fords as listed by the Police Department was changed, to sell the 1964 Plymouths and as it is too late to re- advertize,said auction sale is being cancelled. . RESOLUTION NO. D -964, A RESOLUTION repealing Resolution No. D -957, passed by the Yakima City Council on May 23, 1966. MOVED by Lynch, seconded by Brazier that Resolution No. D -965 transferring $437 within the 1966 Municipal Airport Budget, be passed as read: carried, Brazier, Lambert, Larson and Lynch voting aye on roll d -all. Brown, Kurbitz and Robinson absent. City Manager Smith explained that Airport Manager Eakin made this request in order to hire a temporary employe - during the regular maintenance man's vacation and to hire extra help for special maintenanc- projects at the Yakima Municipal Airport. RESOLUTION NO. D -965, A RESOLUTION transferring the amount of 5437 within the 1966 approp- riation for 390 - Municipal Airport. MOVED by Lynch, seconded by Brazier that Resolution No. D -966 authorizing the settlement of pending litigation on a damage claim filed by Henry E. and Rubye H. Neer, be passed as read: carried, Brazier, Lambert, Larson and Lynch voting aye on roll call. Brown, Kurbitz and Robinson absent. City Attorney Andrews explained that the Neer's have agreed to accept the amount of $3,500 in settlement of said claim filed for damages caused by a fall on a sidewalk by Mrs. Neer, and to dismiss the lawsuit against the. City of Yakima. RESOLUTION NO. D -966, A RESOLUTION authorizing the settlement of pending litigation entitle. Henry E. Neer and Rubye H. Neer, husband and wife, Plaintiffs vs. City of Yakima, Defendant, Yakima County Superior Court No. 4$26$. MOVED by Lynch, seconded by Lambert that Resolution No. D -967 designating two taxicab stands for use by Omar T. Smith,. d /b /a Duke's Cab, be passed as read: carried, Brazier, Lambert, Larson and °Lynch voting aye on roll call. Brown, Kurbitz and Robinson absent. City Manage Smith stated that this matter has been thoroughly checked out by the Police Department and the Traffic Engineer and both locations recommended to be designated as taxicab stands for the exclusive use of Omar T. Smith. RESOLUTION NO. D-967, A RESOLUTION designating two taxicab stands for use by Omar T. Smith, d /b /a Duke's Cab. 1 .5. June 13, 1966 ' The City Engineer reporting the following estimates for work performed during the month of May, 1966, for payment: The following are final estimates; CONTRACT AWARDED PROJECT AND CONTRACTOR FUND AMOUNT Card Suburban Tracts December 13, 1965 • 590 -930, Sewer - Sch. I DeBlasio Bros. LID's 942 -946 $ 2,$44.05 Card Suburban Tracts December 13, 1965 Sewer - Sch. II DeBlasio Bros. 520 -930 168.2$ it was MOVED by Lynch, seconded by Brazier that the report of the City Engineer dated June 9, 1966, with respect to the progress on the various construction projects of the City of Yakima, be approved and that the progress estimates therein set forth be approved and pay- ment of the same authorized: carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kurbitz and Robinson absent. The thirty day legal limit for protests to be filed, having expired June 9, 1966, City' En- gineer Jaeger reported the following percentages on the various sections of L.I.D. No. 953, South 20th Avenue and Other Streets Paving District: . PROJECT • NUMBER STREET PERCENTAGE 1. South 20th Avenue 60.4 2. South 19th Avenue 9.9 3. W. Viola Avenue 23.7 (corrected - 42.0%) 4. W. Prasch Avenue 0 5. Willow Street 0 Public Works Director Mayo corrected the % of protest on the W. Viola Project to 42.0%, and stated that this also includes McClure Grade School, which wants this improvement. He suggested that the street improvement be deleted from all parcels in the W. Viola Avenue project except the McClure School portion. After due discussion, it was MOVED by Lambert, seconded by Brazier that an Ordinance be prepared to amend Ordinance No. 802, deleting the South 20th Avenue project and all of the W. Viola Avenue project except the McClure School. portion: carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kur- bitz and Robinson absent. The thirty day legal limit for protests to be filed, having expired June 9, 1966, City En- gineer Jaeger reported the following percentages on the various sections of L.I.D. No. 954, 1966 Street and Alley Paving District:. Project Number STREET PERCENTAGE 1. West Mead Avenue 0 2. Alley No. of Block 2 13.7 3. Alley Block 10$ 52.6 4. Alley Block 390 61.4 5. Alley Block 24$ & Street Parking (revised) 0 . Public Works Director Mayo stated that besides the projects protested out of this District that there might be some change in the Alley Block 24$ and Street Parking project (revised) around the May Nursery. After due discussion, it was MOVED by Brazier, seconded by Lynch that an Ordinance be prepared amending Ordinance No. $03 by deleting the Alley Block 10$, and Alley Block 390 projects from L.I.D. No. 954 and making the necessary changes as sub- mitted by the Engineering Department on the Alley Block 248 and Street Parking project: carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kurbitz and Robinson absent. City Engineer Jaeger, having reported the Completion of L.I.D. No. 947, South 1st Street Domestic Water, it was MOVED by Lynch, seconded by Brazier that July 11, 1966, be set as the time for a hearing on the assessment roll for said district and that the City Clerk give notice by publication and to each property owner as required by carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kurbitz and Robinson absent. Gill Manager Smith stated that at the last Council meeting on June 6, 1966, the Council merrfpers authorized Traffic Engineer, Dale LeMaster, to attend a special training course in reference to the Civil Defense shelter program, that is being held in Battlecreek, Michigan, for one week, June 19 - 24, 1966. He further stated that they have since learned that this class is filled, so have changed the date for him to attend, to the week of August 7 - 12, 1966, and suggested that this change be noted in the minutes. After due discussion, it was NIOVED by Lynch, seconded by Lambert that said change be noted in the minutes: carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kurbitz and Robinson absent. There being no further business to come before the Council, it was MOVED by Lynch, seconded by Brazier that we now adjourn at the hour of 5 :35 P.M.: carried, Brazier, Lambert, Larson and Lynch voting aye by voice vote. Brown, Kurbitz and Robinson absent. READ AND CERTIFIED ACCURATE BY "r•!i DATE 6/ COUNCILMAN COUNCILMAN ATTEST: / C I T Y C L E R K MAYOR