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HomeMy WebLinkAbout06/19/1967 Business Meeting 292 .. • JUNE 19, 1967 . . The City Council met in regular session, Mayor Larson presiding, Councilmen Kurbitz, Lam- bert, Lynch and Robinson and City Manager Smith present on roll call. Councilmen Brown and McNeice and City Attorney Andrews absent on roll call. Councilmen Brown and McNeice were excused at the last meeting on June 12, 1967. The Invocation was given by Councilman Lambert. The minutes of the regular meeting of June 12, 1967, 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. An Ordinance appropriating 59,023.00 within the 1967 Budget to various accounts for operat- ing City Hall, having been read in its entirety at the regular meeting on June 12, 1967, and being read by Title only at this meeting, it was MOVED by Lynch, seconded by Robinson that Ordinance No. 926 providing for said appropriation, be passed as read: carried, Kur- bitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNeice absent. City Manager Smith referred to the memorandum from Kermit Smith, Purchasing Agent, and explained that this appropriation is necessary to cover the cost of repairing the heating and air conditioning system, and changes made in personnel for the operation of the switchboard and custodian for City Hall due to illness. ORDINANCE NO. 926, AN ORDINANCE appropriating the amount of S9,023 from unappropriated monies in the Current Expense Fund to various accounts for 10$ - City Hall. An Ordinance appropriating $70,000.00 from the Airport Improvement Fund to Construction Expenditures and authorizing the temporary loan from the Cumulative Reserve Fund for Domestic Water Supply to the Airport Improvement Fund, having been read in its entirety at the regular meeting on June 12, 1967, and being read by Title only at this meeting, it was MOVED by Robinson, seconded by Lambert that Ordinance No. 927 providing for said appropria- tion, be passed as read: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNeice absent. City Manager Smith explained that this will be a temporary loan, which is necessary in order to pay costs of constructing an office build- ing and making modifications to the Administration Building at the Yakima Municipal Airport, and should be repaid within the next few months. ORDINANCE NO. 927, AN ORDINANCE authorizing the temporary loan of $70,000 from the Cumula- tive Reserve Fund for Domestic Water Supply to Fund 912 - Airport Improvement Fund, and • •providing for the repayment thereof; and appropriating $70,000 from Unappropriated monies in Fund 912 - Airport Improvement Fund to Account 7 -950, Construction Expenditures. • Having been ordered out at the last Council meeting on June 12, 1967, it was MOVED by Lambert, seconded by Lynch that Resolution No. D -10$0 fixing the date of Hearing for July 10, 1967, on Petition No. 522, filed by Cook -Lewis Company & Others, requesting Vacation of the alley in Block 130, between N. 6th and N. 7th Streets, be passed as read: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNeice absent. RESOLUTION NO. D -10$0, A RESOLUTION fixing the time and place for hearing on petition for vacation of an alley. This being the time fixed for the Hearing on Resolution No. D -107$, being a resolution of intention to improve property by constructing curbs, gutters and surfacing of certain streets, and there being protests in writing filed with the City Clerk, on the Nob Hill Boulevard portion only, it was MOVED by Lynch, seconded by Lambert that Ordinance No. 92$ providing for said improvement and creating L.I.D. No. 965, be passed as read: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNeice. absent. John Mayo, Public Works Director, reported that the written protests filed with the City Clerk amount to 36% of the total amount of the Nob Hill Boulevard portion of this L.I.D. He further explained that when this proposed project was abandoned in 1965 because there was in excess of 60% protest by property owners, many on the north side of the street had protested because they were assessed the same as the south side and they felt the benefit to their property was considerably less because the sidewalk would be on the south side. Mr. Mayo stated that different assessment rates have now been levied, that the North side property owners will be assessed 52.50 per front foot and the ones on the South side will be assessed the same as before, 54.00 per front foot, and that the balance of the cost of this project is to be paid for by Arterial funds which the City receives from State gasoline tax, as in all Arterial projects. Mrs. Caroline Wells, 1021 S. 22nd Avenue, and Mr. Barry Wilson, 2105 Nob Hill Blvd., property owners in this vicinity, were present to • protest the formation of this portion of the L.I.D. Mrs. Wells stated that she has a very small fixed income and cannot pay for this assessment and does not feel that it will bene- fit her in any way. Mr. Wilson stated that he is a new owner and a College student and cannot afford this assessment. He further stated that he does not feel that this improve- ment will benefit him in any way. Marguerite Hackett, property owner, stated that she is not protesting the improvement, but does object to the sidewalk in front of her property because of the liability for cleaning in the winter time. Mr. John Randolph, property owner, asked about the size of curb cuts for driveways made in sidewalks for his property and was advised by Mr. Mayo that the limit in length is 35 feet, and there can be three curb cuts appropriately spaced. After discussion by property owners present, Council members explained that after the passage of this Ordinance, property owners still have 30 days in which to present their protests in writing to the City Clerk, and if protests of over 60% of the dollar volume represented in the assessment roll, are received, then the City Council must abandon the project. ORDINANCE NO. 92$, AN ORDINANCE providing for the improvement of certain property by grad- ing, ballasting, surfacing with asphaltic concrete, constructing concrete curbs and gutters,: together with necessary drainage features; establishing a Local Improvement District, pro - viding for the method of payment thereof, and creating a special fund. The following Petitions having been filed with the City Clerk, requesting rezone of certain property: No. 534, on June 15, 1967, by Kelly Oil Co., - N.E. Corner, 16th Ave. & Washington, No. 535, on June 15, 1967, by Ace L. Ransier - 1114 Ledwich Ave., between W. Nob ' Hill Blvd. and Viola Ave., and No. 536, on June 19, 1967, by Dale E. Miller & Others - 303, 5 , 7 , 9 & 11 S. llth Ave., (continued) • 293 • • • JUNE 19, 1967 it was MOVED by Lynch, seconded by Lambert that said Petitions be referred to the Planning Commission for study and recommendation: carried, Kurbitz, Lambert, Larson, Lynch and • Robinson voting aye by voice vote. Brown and McNeice absent. • MOVED by Robinson, seconded by Lynch that Ordinance No. 929 appropriating $50,350 within the 1967 Budget to pay a judgment entered against the City - Harold W. and Wynema Fleming vs. City of Yakima, and declaring a non - debatable emergency, be passed as read: carried, • Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNei:ce • absent. ORDINANCE NO. 929, AN ORDINANCE appropriating the amount of $50,350 from unappropriated monies in the Current Expense Fund to Account 7 -$90, Miscellaneous, of the Maintenance and Operation Classification in the 1967 appropriation for 115 - Statutory and General,, and declaring a non - debatable emergency. MOVED by Lynch, seconded by Lambert that Ordinance No. 930 amending Ordinance No. 907, as amended by Ordinance No. 915.; both Ordinances providing.for the improvement of certain property by constructing a pipe sewer and creating L.I.D. No. 963, be passed as read: • carried, Kurbitz, Lambert, Larson, Lynch and Robinson.voting aye on roll call. Brown and • McNeice absent. City Manager Smith explained that this Ordinance merely restores the Lee Campbell property, Lot 10, Paddack Garden Lots, to the District, who had previously asked to be removed. ORDINANCE NO. 930, AN ORDINANCE amending Section 1 of Ordinance No. 907, passed May $, 1967, as amended by Ordinance No. 915, passed May 22, 1967, both of which Ordinances pro- vide for the improvement of certain property by. constructing a pipe sewer with the neces- sary wye branches and manholes and establish a Local Improvement District, provide for the method of payment thereof, and create a special.fund.. MOVED by Lambert, seconded by Lynch that Resolution No. D -10$1 modifying a Lease Agreement with Puget Aviation, Incorporated, be passed as read: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Brown and McNeice absent. City Manager Smith explained that this Resolution merely corrects an error in which certain modifications were inadvertently omitted previously. • • RESOLUTION NO. D -10$1, A RESOLUTION modifying a Lease Agreement with Puget Aviation, Incor- porated. • MOVED by Robinson, seconded by Lynch that Resolution No. D -10$2 authorizing the purchase of property as right of way for South Third Avenue, be passed as read: Mr. James Reno, property owner in this vicinity, protested the price being paid for these lots. He stated that he was allowed S299 for the property he gave some time ago and does not feel that it is fair to the other property owners who also received less for their property, because the people referred to in this Resolution will be getting more money for their property, as well as getting the benefit of the street. John Mayo, Public Works Director, explained that Mr. Reno is one of the property owners who agreed to take the same price as his part of the L.I.D. would cost. He stated that there were about 14 parcels of land involved in • this L.I.D., and the four listed in this Resolution were the hold -outs in the one block, and that it would cost more to go into court to condemn this property than it will to pay the amount asked. Mr. Mayo further stated that different prices were paid for different parcels as in each case the owner established the price he would accept. He stated that one property owner asked a price that was too much, so his property is not going to get the improvement. Council members Lambert, Lynch and Robinson stated that they regret that this amount of money has to be paid and that this is the only way we can obtain this .property without it costing more. After due discussion, Mayor Larson called for the roll call vote on the motion to pass Resolution No. D -10$2 as read: carried, Lambert, Larson, Lynch and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Brown and McNeice absent. Councilman Kurbitz stated that he voted against the passage of this Ordinance because he feels there must be some better way to handle this type of situation. RESOLUTION NO. D -10$2, A RESOLUTION authorizing the purchase of property as right of way for South Third Avenue. MOVED by Lynch, seconded by Robinson that Resolution No. D -1083 granting permits for the reatil sale of fireworks for 1967, be passed as read: carried, Kurbitz, Lambert, Larson, • Lynch and Robinson voting aye on roll call.. Brown and McNeice absent. RESOLUTION NO'. D -10$3, A RESOLUTION granting permits for the retail sale of fireworks within the City_of Yakima for 1967. MOVED by Lambert, seconded by Lynch that Resolution No. D -1084 authorizing a domestic water main ratification agreement with Yakima School District #7, be passed as read: carried, • Kurbitz, Lambert, Larson, Lynch and Robinson voting aye on roll call. Broom and McNeice absent. City Manager Smith referred to a memo from Frank Stein, Utilities Director, which explained that.this Resolution will ratify an old verbal agreement with School District No. 7 for Water Main Construction in Vicinity of Eisenhower High School on a. reimbursement basis. He further explained that the Yakima School District has never been reimbursed for its share of any connections made to these water mains as there was no actual written agreement stating the conditions by which reimbursement was to be made. RESOLUTION NO. D -10$4, A RESOLUTION authorizing the City Manager and City Clerk to execute a Domestic Water Main Ratification Agreement with Yakima School District No. 7. . A Damage Claim having been filed with the City Clerk on June 19, 1967, by Mrs. B. A. Perham, Jr.,' for damages caused by a City Garbage truck hitting the corner of her garage roof, it was MOVED by Robinson, seconded by Lambert that said Damage Claim be referred to the City Manager and Staff for study and recommendation: carried, Kurbitz, Lambert, Larson,..Lynch, and Robinson voting aye by voice vote. Brown and McNeice absent. • City Manager Smith mentioned that our City Attorney Fred Andrews, has been appointed • Chairman of the State of Washington District of the National Institute of Municipal Law Officers, stating that this is an annual position and quite an honor. • • • 294 • JUNE 19, 1967 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 9:30 P.M.: carried, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. Brown and McNeice absent. READ AND CERTIFIED ACCURATE BY 11■44, DATE �"Z� / 'OINCILMAN4 • • 1 w��/ n DATE ' .a X11 'i 1 �J 7 • ATTEST: - C I T Y C L E R K MAY O R • •