HomeMy WebLinkAbout03/11/1959 Business MeetingH IT
MARCH 11, 1959
The City Commission met in regular session, Mayor Alderson,Commissionera Mathews and
City Attorney Arntson present on roll call. Commissioner Schutt absent.
The minutes of the regular meeting of March 4, 1959 and adjourned meeting thereof were
approved as read.
The following, bids having, been received by a bid board consisting of the Purchasing
Agent, City Clerk and the City Engineer
De Blasio Bros. Schedule
I
Brant
Joint
$16,047.90
Schedule
II
Brant
Joint
$13,260.23
Schedule
I
Miller
Joint
16,,047-90
813,26o.23
Schedule
II
Miller
Joint
N. L. Kimball Schedule
I
Brant
Joint
$16,965.37
Schedule
II
Brant
Joint
$14,870.23
Schedule
I
Miller
Joint
17,724.87
Schedule
II
Miller
Joint
815,516.60
for the construction of the Nary Lin Park Fruitvale Sewer, being L.I.D. No. .868.and
the City Engineer recommending the bid of De Blasio Brothers as the lowest and best
bid on both schedules, it was MOVED by Mathews, seconded by Alderson that said
recommendation be accepted and the bids be awarded to De Blasio Bros: carried,
Alderson and Mathews voting aye on roll call. Schutt absent.
A hearing having been held FebrT -: ary 18, 1959 on a petition filed by the Yakima (�'ornmunity
Hotel Inc., anti Cahalan Investment Company praying for the vacation of.the east -west
alley behind the'Chinook Hotel and action having been tabled'on said petion from week to
week, and the Attorney and Archetect for the Hotel again seeking action by the City
Commission, Commissioner Mathews advised that the three legal points in gtestion had not
been answered to his satisfaction and that he believed that the proper way to handle
this matter was for the Commission to establish a policy for theiva.cation of.alleys and
streets, in order that all cases would be handled alike. Arrangements were made for
Commissioner Mathews and the Attorney and Archetect for the Hotel, to meet at the hour
of 9 o'clock a.m. on Thursday the 12th day of March 1959. Ne action was tal.en by the
Commission in this matter.
The Cii y Planning Commission submitting; and recommending for approval, a Housing Code
for the City of Yakima, it was MOVED by Mathews, seconded by Alderson that Ordinance
No. B -2263 providing for the minimum requirements for the protection and safety of the
general public and adopting the Housing Code of the City of Yakima, be passed as read:
carried, Alderson and Mathews voting aye on roll call. Schutt absent. ,
ORDINANCE NO. B -2263, AN ORDINANCE providing minimum requirements for the protection -
of life, limb, health, property, safety, and welfare of the general public and the
owners and occupants of residential buildings; providing for the issuance of permits
and collection of fees therefore; adopting the Hbus i n.g Code of the City of Yakimn ,
providing for penalties for the violation thereof and repealing all Ordinances or parts
of 0- rdinances in conflict therewith.
The Traffic Board requesting that a 2 hour parking; time limit be officially established
on the West side of North 7th Ave., from Summi.tview Avenue-to West "A" Street to allow
better accommodations for - the Post Office in that area, it was MOVED by Alderson,
seconded by Mathews that said request be granted and the Public Works Superintendent be
advised of this action: carried, Alderson and Mathews voting aye on roll call. Schutt ab:
The Traffic Board reouestin.g that the Street Department be allowed to acquire the
necessary materials and install a Median Strip Barrier Curb on South 5th Ave., between
Chestnut and Walnut Street, said curb to be of such design and extent as is necessary to
prevent the hazardous practice of driver *making illegal left turns in the middle of the
block at this location, it was MOVED by Mathews, seconded by Alderson that said request
be granted and the Superintendent of Public Works be advised of this action: carried
Alderson and Matthews voting aye on.roll call. Schutt absent.
The Yakima Valley Regional Library seeking; to have money now held by the City of Yakima
in the Accumulative Library Reserve Fund, and there being question as.to the legality
of said transaction, the City= Attorney advised that he was not in a position'at this
time to gite a. complete report, but !,hat he hoped to be able to .render a formal written
opinion by Friday of this week and if he could not arrive at a satisfactory conclusion
on the matter, he would refer the problem_ to the Attorney Generals Office for an opinion,
The City Clerk having been advised by Statewide City Employees Retirement System that
George C. Capps, an employee of the Water Department, will become of compulsory retire-
ment age by June 1, 1959 and the Public Works Superintendent recommending that said,_
employee be retired at that ime, it was MOVED by Mathews, seconded by Alderson that said
recommendation be followed and the City Clerk be and is hereby instructed to advise said
retirement system of this action: carried, Alderson and Mathews voting aye on roll call.
Schutt absent.
Statewide City Employees retirement System now advising and billing the City of Yakima
for the prorata charge for the year of 1959 expense, in the amount of $2,167.70, it was
MOVED by Mathews seconded by Alderson -.that the City Clerk be and-is hereby inatructed:_
to authorize said retirement system to deduct this amount from surplus funds held in
reserve for the City of Yakima by said Retirement system: carried, Alderson and Mathews
voting aye on roll call. Schutt absent.
Statewide City Employees Retirement System also billing the City of Yakima for $118.46.,
being the prorated share of a $1,000.00 benefit to be paid to the beneficiary of Jasper
R. Me_rlino, an employee of the City of Renton.., Washington in accordance with R.C.W.41.44.
210, it was MOVED by Mathews, seconded by Alderson that the City Clerk be and is hereby
instructed to authorize said retirement system to deduct this amount f rom Yaki.ma's
surplus: carried, Alderson and Mathews 'voting aye on roll call. Schutt absent.
Moved by Mathews, seconded by Alderson that Ordinance No. B -2264 rezoning certain specif-
ic property, fully described in said ordinance, being the property now owned by Picatti
ent.
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MARCH 11, 1959
Bros. and occupied by the Skookum Bowl, be passed as read: carried, Alderson and
Mathews voting aye on roll call. Schutt absent.
ORDINANCE NO. B- 226LL, AN ORDINANCE rezoning certain specific property situate in the
City of Yakima, County of Yakima, Washington.
An ordinance providing for the appropriation of $90.00 in
make a correction in the salary of the Court =Clerk in the
entirety by the Clerk and ordered laid on the table to be
next regular meeting.of_ the City Commission.
Moved by Mathews, seconded by Alderson that Ordinance No.
linquency and-prescribing the form of bonds for L.I.D. No
Surfacing District, be passed as_ read: carried, Alderson
roll call. Schutt absent.
the Current Expense Fund to
1959 Budget, was read in its
read and considered at the
B -2265 fixing the time of de-
867, being the 41st Ave.,
and Mathews voting aye on
ORDINANCE NO. B -2265, AN ORDINANCE fixing the time of delinquency of installments of
assessments levied for the payment of the cost of the improvement in Local Improvement
District No. 867, and providing for the issuance of bonds with coupons attached for the
payment of the unpaid portion thereof.
Moved by Alderson, seconded by Mathews. -that we do now adjourn to meet again in regular
session at the hour of 10 otclock a.m. on Wednesday the 18th day of March, 1959:
carried, Alderson and Mathews voting aye on roll call. Schutt absent.
SPECIAL ADJOURNED MEETING, MONDAY, MARCH 16, 1959, 3:30 P.M.,
Due to the urgency of the business at hand a speciaik adjourned meeting was called for
this date and time, Mayor Alderson, Commissioner Mathews and City Attorney Arntson
present on roll call.. COrrinissioner :=Schutt absent.
A letter from Avis. Rent -A -Car Agency setting forth a proposal and requesting permission
to rent space at the Yakima Municipal Airport was read by the Clerk. Commissioner
Mathews explained that a meeting of parties interested in the growth.and improvement o:f
the Airport was to be held in the evening of this same.date and that this matter would
be considered at that time, and that he was hesitant ,to make a long term agreement at
this time since his term of office was nearing completion and he felt that the new
Council should make the decision in this matter. It was intimated that perhaps a
temporary arrangement might be made for the next three months. No action was taken by
he City Commission.
The following: proposalmade_by Commissioner Mathews was read by the City Clerk.
March 16, 1959
TO: CITY COMMEISSION
FROM: Larry Mathews
SUBJECT: Planning Commission
With the passage of the school bond proposal considerable school building will
soon take place. It is important therefore that the planning of both the City of Yakima
and the School District be co- ordinated where a mutual interest exists, such as pro-
viding for utility service, traffic control and access and other matters involved in
community planning.
I recommend that a member of,the School District Administration be appointed as an
ex- officio member of the City Planr.ing Commission. I suggest that Rolla Goold,
Assistant Superintendent be appointed to this liaison position. I have personally con-
tacted Mr. Goold and he is receptive to the proposal.
LARRY MATHEWS
'Public Works Commissioner
sl Larry Mathews
cc: City Planning Commission
Milton Martin
Rolla Goold
Mayor Alderson suggested that, while,he was not opposed to the appointment of Mr. Goold
and is in accord with the spirit--of the recommendation,c:he believed that it would be a.
better policy to have the School District Administrative body appoint the member to the
Planning Commission for this purpose. No action was taken by the City Commission on
this matter.
Moved by Alderson, seconded by Mathews that Resolution No. C -1668 authorizing the
purchase of a police car without calling, for bids, said purchase to be made in accord-
ance with a bid approved by the City Commission on November 17, 1958 from Wagner
Che,.vrolet Company, be passed as read: carried, Alderson, and Mathews voting aye on
roll ,call. Schutt absent.
RESOLUTION NO. C -16681 A RESOLUTION authorizing the purchase of a police car without
calling for bids.
WHEREAS, on November 5, 1958 bids were submitted for the purcha
of up to five police cars for the Police Department of the City of Yakima, and
WHEREAS,; on November 17; 1958 the City Commission .of_ the City
_of Yakima approved the bid of Wagner Chevrolet of Yakima, Washington for the. price sub-
mitted, and
WHEREAS,, pursuant to said bid proposal only ,three police cars
I purchased, and
WHEREAS., one of said Chevrolet police cars so purchased was
demolished in an accident within the last week, and
WHEREAS, the Police Department needs immediate replacement and
an emergency exists, now, therefore
MARCH 11, 1959
BE IT RESOLVED BY THE CITY OF YAKIMA:
Section 1. That the Purchasing Agent of the City of Yakima be
and he hereby is authorized to purchase a Chevrolet police ca.r. from Wagner Chevrolet
Company of Yakima, Washington at the price quoted in the bid of said Wagner Chevrolet
Company and approved by the City Commission on November 17, 1958, without calling for
bids.
Section 2. That an emergency is hereby declared to exist by
reason of the fact that said equipment is necessary for the immediate preservation of th
the public peace, property, health and safety.
day of March, 1959.
.ATTEST: J. A. SMITH
City Clerk
ADOPTED FY THE CITY COMMISSION, signed and approved this 16th
(S E A L)
JOB K. ALDERS,ON
Mayor
The City Engineer asking for authority to call for bids for one pump, a new boiler and
pipe for changes at the Sewage Treatment Plant and it being established that money is
available in the 1959 Water Sewer Budget for this purchase, it was MOVED by Mathews,
seconded by Alderson that the Purchasing Agent be and is hereby authorized to call for
bids on said materials and equipment, said bids to be received and considered by a bid
board on April 6, 1959: carried, Alderson and Mathews voting aye on roll call. Schutt
absent.
An Ordinance appropriating the sum of $50,000.00 to the Metropolitan Park District of
Yakima for the operation, maintenance and/or improvement of parks, playground facilities
within the City of Yakima, was read in it's entirety by the Cleo °k. Commissioner,
Mathews expressed the desire that this ordinance grant the Metropolitan Park Board the
funds only as they need them and the amount not to exceed $50,000.00. This ordinance,
being an emergency was ordered tabled for further consideration.
Commissioner Schutt now present.
An ordinance appropriating the sum of $9,634.80 for re- roofing of the City Hall in ac-
cordance with bids received February 24 -th and awarded February 25th., 1959, having had
it's first readin on March 4th, 1959 and now being read by caption only, it was MOVED
by Mathews, seconded by Schutt that Ordinance No. B -2266 appropriating said funds for
the reroofing of City Hall,be passed as read: carried, Alderson, Schutt and Mathews
voting aye on roll call.
ORDINANCE NO. B -2266, AST ORDINANCE appropriating the sum of $9,634.80 for the re -roof
6f,--,the Yakima City Hall not provided for in the 1959 Budget and declaring; an emergency.
An ordinance appropriating the sum of $500.00 for water service, an item omitted frorti
the 1958 budget for the Cemetery, having been read in itts entirety on March 4, 1959
and laid on the table s1nce that time, and now having been read by caption only, it was
MOVED by Mathews, seconded by Schutt that said ordinance be passed as read: carried,
Alderson, Schutt and Mathews voting aye on roll call.
ORDINANCE NO. B -2267, AN ORDINANCE appropriating the sum of $500.00 to Account 7 -86
Water Assessments & Storage of the Maintenance and Operation classification of the 1959
Budget for the Cemetery Fund, and declaring an emergency.
An ordinance providing- for the appropriation of $90.00 to correct the salary for the
Court Clerk due to an error in the 1959 Budget, having been read in it's entirety on
the 11th day of March, 1959 and now having been ready by caption only, Commissioner
Mathews explained that he did not wish to support this action, as similar problems had
not been corrected for his departments in the past. No action was taken by the City
commission on this matter.
The following investment report, having been submitted by the City Treasurer, was read
by the City Clerk:
FEBRUARY 28, 1959
City Commission
Yakirra , Washington
Gentlemen:
The following investments were purchased during the month of February:
Cemetery Trust
Yakima L.I.D. #860 - Bonds 1/14
$1,410.89
The following investments were repaid during the month of February:
Cemetery Trust
Yakima
L.I.D.
#659 -
Bond
29
200.00
Yakima
L.I.D.
#667
- Bond
21
500.00
Yakima
L.T.D.
#722
- Bonds
26/28
1,500.00
Yakima
L.I.D.
#753
- Bonds
14/15
1,000.00
Yal.j�ima
L.I.D.
#757
- Bond
5
300.00
Yakima
L.I.D.
#718
- Bond
11
200.00
Yakima
L.I.D.
#782
- Bonds
9/11
600.00
Yakima
L.I.D.
#817
- Bond
5
500.00
Yakima
L.I.D.
#82.2
- Bonds
11/14
800.00
Yakima
L.I.D.
030--- "Bon.d_..2
200.00
Firemen's Relief & Pension
Yakima L.I.D. #740 - Bond 6
100.00
$ 1,410.89
5,800.00
100.00
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MARCH 114 1959
A. E. Larson Library Trust
Yakima L.I.D. #759 - Bonds 1516
Cumulative Reserve for Library Building
Yakima
L.I..D. #665
- Bond
29
Yakima
L.I.D. ,#668
- Bond
20
Yakima
L.I.D. #725
- Bond
20
Yakima
L.I.D.. #761
- Bonds
11112
APPROVED: INVESTMENT COMMITTEE
JOE K. ALDERSON, MAYOR
K. C. SCHU`.I'T, Finance :Commissioner
Gladys H. Richter, City Treasurer
12000.00 1,000.00
500.00
300.00
100.00
400.00 1,300.00
,200.00
Yours very truly,
sl Gladys H. Richter
City Treasurer
Moved by.Schutt, seconded by Mathews that said report be accepted as read.
Mayor Alderson introduced the following letter setting forth the legal opinion of the
City attorney with regard to the approval of vouchers for the payment by the City for
materials and supplies furnished or services performed:
March 16, 1959
'Honorable Joe K. Alderson, Mayor
City Hall
Yakima, Washington
Dear Sir:
You have requested my opinion with respect to the approval of vouchers for payment
by theirity f'or materials and supplies furnished or services performed.
The City of Yakima is a first -class city operating under a charter. Cities of
the first class operating under charters have very broad powers. In the case of Walker
v. Spokane, 62 Wash. 312, our court stated as follows :'
"It may be conceded from the outset that, while cities of the first class have
the constitutional right to frame their own charters, the charters so framed are subject
to, and controlled by, general laws. Const:, art. 11, 10. And this is all the consti-
tutional limitation that there is."
In the general statutes pertaining to the powers of first -class cities, the
following general power is set out:
R.C.W. 35.22.280 Specific Powers enumerated. "Any city of the first class shall
have pb.wer -- . . . . . 3 To control the finances and property of the corporation,
and to acquire, by purchase or otherwise, such lands and other property as may be
necessary for any part of the corporate uses provided for by its charter, and to dis-
pose of any such property as the interests of the corporation may, from time to time,
require; It
When our charter was adopted by the people it contained the following provisions
to -tit:
ARTICLE VII Limitation of Taxation. . . . . "Sec. 5. All city funds shall be
administered by the City Commission; and boards or committees selected by the City
Commission to assist in the management of any municipal activities, if any are selected,
shall act in an advisory capacity only."
The City Commission of the City of Yakima occupies a dual capacity. In other word
it is both the legislative body of the city and also is vested with the responsibility
of the administrative functions. The general rule of law is that administrative
functions which are purely ministerial may be delegated to subordinates or agents. In
the case of Storey v. Seattle (124 Wash.598) our court had before it an ordinance of the
City of Seattle relating to the impounding of cats and dogs. The ordinance delegated
over to the King County Humane Society the enforcement of the ordinance and the power to
set certain rules and regulations within the general limits of the ordinance. On page
604 the court set forth the general rule as follows:
"McQuillan on Municipal Corporations, Vol I, p. 852, states the governing rule
as follows: "The rule forbidding the delegation of power, stated and illustrated in
prior sections, does not apply to the performance of purely ministerial duties. Such
duties may be delegated. The law has always recognized.and emphasized the distinction
between instances in which a discretion must be.exercised by the officer or department
or governing body in which the discretion is vested, and the performance of merely min-
isterial duties by subordinates and agents. Therefore, the appointment of agents to c
carry out the authority,of the council is entirely competent and does not violate the
rule delegates non ptest delegare."
Every year the City of Yakima is required to adopt a Budget for the operations of
the City for the operations of the Cityfor the ensuing ydar. In the Budget is set forth
all of the estimated expenditures and the budget ordinance appropriates the funds for
each of the items and classifications of expenditures for each department. Pursuant to
the budget ordinance, each department then proceeds to make the purchases and incur the
obligations pursuant thereto. If subsequently it is found that because of unforseen
circumstances additional moneys will have to be spent, then emergency appropriations
are made. When the materials or supplies are furnished or the services are performed, a
voucher is then submitted so that a warrant may be issued for payment.
In my opinion, the approval of a voucher for payment is a ministerial function
which may be delegated to a subordinate officer- of the Commission by proper ordinance
duly enacted.
AA/n. c
Very truly yours,
sl Anthony Arntson
City Attorney
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MARCH,11, 1959
Moved by Schutt, seconded by Mathews that Ordinance No. B -2268 establishing the pro -
ceedure for the approval of claim vouchers and authorizing the Chief City Accountant
and Department Heads to approve same, be passed as read: carried, Alderson,-Schutt
and Mathews voting aye on roll call.
ORDINANCE NO. B -2268, AN-ORDINANCE establishing the procedure for the approval of
claim vouchers and authorizing the Chief City - Accountant and Department Heads to approve
the same and declaring an emergency.
There being-rio further business this meeting was adjourned.
MAYOR
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