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Home My WebLink About07/15/1968 Business Meeting r • 451 • • JULY 15, 1968 • • • The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Kurbitz, Lambert, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present on roll call. The Invocation was given by Councilman Keith. . . . . The - minutes of the regular meeting of July.8, 1968, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Ill Larson declared said'minutes approved as recorded. • Petition No. 613, having been filed, with the City Clerk on July 9, 1968, by Herbert L. Frank, for Bros. Co. and Yakima Fruit &'Cold Storage Co., requesting Vacation of the west 10 feet of N. 1st Avenue, between vacated "A" Street and West "B" Street, it MOVED by Robinson, seconded, by Brown that said Petition be referred to the City Manager . and Planning Commission for study and recommendation: ..carried, Brown,.Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. - Mr... Harold Helliesen, • property owner in this vicinity, being present, stated.._that is- _againsttthis Vacation. City Manager McMicken explained that the request is for 10 ft. that has been used previous- ly as part of the loading platform'. He further explained that the Planning Commission is being asked to review this matter and report to the Council. • Petition No. 614, having been filed with•the City Clerk on July 10, 1968, by bale E. • Miller, et al, requesting improvement of property by the construction of curbs, gutters and surfacing of, streets on N. 57th and 58th Avenues, from W. Lincoln, north to the exist- ing paving, and Richey Road between 57th and 58th Avenues, it was MOVED by Brown, seconded • • by Lambert that said Petition be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and 'Robinson voting aye by voice vote. • Damage Claims having been filed with the City Clerk on July 11, 1968, by Kennieth Carner, 1132 S. 24th Avenue, in the amount of $3,078.59 for damages caused by a sewer; backup, and on July 12, 1968, by Wendell Davis,• 1115 S. llth Avenue, in the amount of $126.40 .for samages caused by a sewer backup, it was MOVED by McNeice, seconded by Lambert that said Damage Claims be referred to the City Manager and Staff for study and recommendation: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting 'aye by voice vote. A Damage Claim, having been filed with the City Clerk on July 11, 1968, by Jake P. Lein - gang, 1313 Brown Avenue, in the amount of $12.54, City Attorney Andrews explained that this claim is defective because the claimant failed to complete all portions,: and that by denying said claim, the claimant will be so informed and have time to re -file his claim. After due discussion, it was MOVED by Robinson, seconded Brown that Resolution No. D -1231 denying said claim for'damages, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. . RESOLUTION NO. D -1231, A RESOLUTION denying a claim for damages filed by Jake P. Leingang. i It was MOVED by Brown, seconded by Lambert that Ordinance No. 1049 amending Ordinance No. 917 confirming the assessment roll for L.I.D. No. 956, Marilane Sanitary Sewer. District, to correct the interest rate, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. City Attorney Andrews; explained that although everything else connected with L.I.D. No. 956 specified the 5 %;interest rate, and was handled accordingly, sections 2 and 3 of Ordinance No. 917 erroneously •• specified an interest rate.of 4% per annum on unpaid assessments, which needed to be corrected by amending said Ordinance No. 917. ORDINANCE NO. 1049, AN ORDINANCE amending Sections 2 and 3 of Ordinance No. 917, entitled "An Ordinance confirming the assessment roll covering Local Improvement District No. 956 as created and established by Ordinance No. 820 of the Ordinances of the City of•Yakima ", passed by the Yakima City Council May 29, 1967. Mr. Harry Spahn, 110 S. 10th Street, being .present, protested paying a sewer assessment on L.I.D. No. 915, Sumac Sewer District, stating that when he bought his property he was told the sewer was in and there were no assessments to be paid or would there be in the future. He presented-papers, including Title Insurance, to show that this property was clear when he bought it, and explained that when he received a bill for assessment charges he thought it was an error and did nothing about it, but when he - continued to get state - ments of this charge, he investigated and found that this property was included in said L.I.D. No. 915. He further stated that he does not think he should have to pay this because when he bought the property, he was told all assessments were in and!paid for. . City Manager McMicken explained that in discussing this matter with the City; Treasurer, he found that in 1949 the previous owner of this property, Mr. John Noel, Sr., was given permission to hook on to the sewer without paying any charges, with the understanding • that when a sewer district was.formed in this area, that he would be charged for his share. Mr. McMicken stated that since that time the property changed hands several times before Mr. Spahn bought-it. Council members indicating that they felt that there should be more study on this matter before some kind of answer can be given to Mr. Spa-hn-,- it was MOVED by Robinson, seconded by Lambert that this matter be referred to the Staff and City Attorney for study and recommendation: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. A Notice having been received from the Yakima County Board of County Commissioners asking if the Council wishes to be included in the program of a proposed community action agency, it was MOVED by Robinson, seconded by Keith that the Mayor be authorized to notify the County Commissioners of the acceptance of the City Council to be included inithe proposed L • . 452 . • . JULY 15, 1968 • community action program: carried, Brown, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. - . . City Manager McMicken referring to a Resolution of intention to improve property by the ill ' . construction of curbs, gutters; sidewalks .and surfacing of portions of streets on N. 56th and Summitview Avenues, in accordance with Petitions No. 584 and 585, it was MOVED by Robinson, seconded by Lambert that Resolution No. D -1232, Resolution of intention to create' a local improvement'district, and fixing the time of Hearing by the Council on said matter, for August 5, 1968,.be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson, • McNeice and Robinson voting aye on roll call. Public . Works Director John Mayo, explained . • that a portion of this improvement is in the County and he has met with County personnel • regarding this RESOLUTION NO. D -1232, A RESOLUTION of intention to create a local improvement district. • City Manager McMicken requesting authorization for Dale Safuelson to travel to Portland, Oregon, to attend a Solid Waste Management course at an approximate cost of • $60.00, and • for Fire Chief Shockley to travel to Cornelius, Oregon, regarding the construction of the Snorkel, at an approximate cost of $8.00, it'was MOVED by Robinson,'seconded by Brown that said travel be authorized with expenses paid: carried, Brown, Keith . Larson, McNeice and Robinson voting aye by voice vote. . . • City Manager McMicken explained that a lawsuit is now.pending in -Superior Court, Bivens vs City of Yakima and 'the .Pacific Power & Light Company, and 'the 'plaintiffs' have.. offered to accept $6,000 in full settlement•of; their claim and the Pacific•Power &Light Company has ' • offered to pay $3,000 • toward such a settlement, and he recommends that the City pay $3,000 ' toward this settlement. After due discussion, it was MOVED by Robinson, seconded by Keith that Resolution No. D -1233 authorizing. .the settlement of said pending-litigation, be passe as read: carried, Brown, Keith, Kurbitz, Lambert,•Larson, McNeice and Robinson voting aye on roll call. .RESOLUTION NO. D -1233, A RESOLUTION authorizing the settlement of pending•litigation entitled Arthur C. Bivens and Helen R. Bivens, husband and wife, plaintiffs, vs. City of 'Yakima, a municipal corporation, and Pacific•Power & Light Company, Ina., a'corporation, defendants. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by Keith that we do now adjourn at the hour of 8.:50 P.M.: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. . • READ AND CERTIFIED ACCURATE BY DATE ofte UNCILMAN !/ / A r- . / • e ' �/� DATE /�� g A. C f -- MAN ' ATTEST: l" \ r • AtO • ' •‘ - C I T Y C L E R K / M A Y 0 R • • • • • • • •