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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. �1 1 1 1 1 1 1 1 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 1 a i I 1 1 1 1 1 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 469 7 x4'70 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 1/ �J LJ C 1