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HomeMy WebLinkAbout11/20/1961 Business Meeting23 5 NOVEMBER 20, 1961 11 The City Council met in regular session, -Mayor Bostic, Councilmen Barber, Keith, Larson, Lemon, Maxwell and Robinson, &City Manager Smith present on roll call. City Attorney Arntson temporily absent. The invocation was given by Councilman Barber. The minutes of the regular meeting of November 13, 1961 were approved as corrected. In the absence of the City Attorney the Council agreed to deviate from the agenda and consider action on Petition No. 113. In accordance with action taken by the City Council on the 13th day of November, 1961 on said petition which was filed by Paul Cook and requested the rezone of certain property located at the corner of East Yakima Avenue and North 7tr) Street, it was MOVED by Lemon, seconded by Barber that Ordinance No. 299, accepting the recommendation of the Planning Commission and rezoning said property from R -3, Multiple Family Residential Zone to B -2 Local Business Zone, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. Discussion with Mr. Paul Cook determined that there are no pro - tests to this action in the area to be rezoned. ORDINANCE NO. 299, AN ORDINANCE accepting the recommendation of the Planning Commission and re- zoning certain property located at East Yakima Avenue and North Seventh Street, between Yakima Avenue and "Art Street, in the,City of Yakima, Washington from R -3, Multiple Family Residential Zone to B -2 Local Business Zone. In accordance with action taken at their regular meeting of November 13, 1961, the Council pro - ceded back to the regular order of business to consider the matter of a business and occupational tax on certain utilities. Mr. Marshall Jones, President of the Cascade Natural Gas Company, again stated his request to exempt customers having gas bills of $500.00 per month and over as an encouragement for new industry to locate in this area. He then discussed the matter of le,gallity of this request as advised by his company's attorneys in Seattle, stating that this would not pose a problem if the tax did not tend to create classifications of customers for taxation, but rather established the measure of- tax levied by the City against the Gas Company. City Attorney Arntson explained that the State Supreme Court has never considered the issue of such tax exemp- tion but that he believes the weight is toward unconstitutionality and the City would take a calculated risk including such a proviso in this ordinance and if enacted for the Gas Company, would be applicable to the other two utilities. In answer to Mayor Bostic's question as to the status of moneys collected under the basic ordinance if the amendment were found unconstitutional, City Attorney Arntson advised that it would depend on many things, one of which would be, whether or not the payments had been made under protest. Councilman Robinson asked if this would not have a more adverse effect on industry, if the exemption were held invalid, than not allowing the exemption. Mr. Jones advised that his Company would be glad to pay the back tax if it were found necessary. It was then MOVED by Robinson, seconded by Keith that the.ordin,,nce as read and amended on the 13th day of November, 1961 be,further amended in Section 2 by inserting after the words }'said total gross income" in line 6 of subsection (a) the words "commencing with the first meter reading date in January 1962, and ending with the last meter reading date in December" and by striking all of line 9 and that portion of line 8 after "1962f1 and amending Section 3 by striking the ending quotation marks and adding "or related billing month ": carried, Barber, Bostic, Keith, Larson, Lemon,.Maxwell and Robinson voting aye by voice vote. Mayor Bostic then called for the vote on the original motion as amended, to pass Ordinance No. 300 relating to business and occupa- tion taxes upon certain utilities; .-carried,'Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. ORDINANCE NO. 300, AN ORDINANCE relating to business and occupation taxes upon certain utilities, increasing the tax rates, providing for -a surcharge, amending Sections 5.50.040, .050 and .090 of the City of Yakima Municipal Code, saying certain taxes, and declaring an emergency. City Attorney Arntson having indicated that the basic ordinance as passed, may not be affected by the invalidity of an amendment to exempt certain incomes as requested by the Cascade Natural Gas Company, it was MOVED by Maxwell, seconded by Barber that the City Manager and the City Attorney continue a& the study of this exemption and make a recommendation to the•Council at their regular meeting of November 27, 1961: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote. An ordinance appropriating $675.00 from the unappropriated moneys in the Yakima Ditch Protection Bond Redemption Fund to Interest & Debt Redemption in the 1961 Budget, for the purpose of paying the first interest payment on said Ditch Protection Bonds, having been read in its entirety at the regular meeting of the City Councilmon November-13, 1961 and having been read by title only at this meeting, it was MOVED by Larson, seconded -by Keith that Ordinance No. 301 providing for said ap- propriation, be passed as read:- carried,-Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. ORDINANCE NO. 301, AN ORDINANCE appropriating the sum of $675.00 from the unappropriated moneys 'in the Yakima Ditch Protection Bond Redemption Fund to Account 5 -01, Interest, of the Interest & Debt Redemption classification of the 1961 appropriation for 71.4 - Yakima Ditch Protection Bond Redemption Fund. In accordance with action taken by the Council at their regular meeting of November 13, 1961, it was MOVED by Keith; seconded by Lemon that Resolution No. D -331 fixing the time of hearing for the 11th day of December, 1961 on Petition No. 107 as filed by Clarence E. Marshall and others request- ing the vacation of a public utility easement: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -331, BEFORE THE CITY COUNCIL OF THE CITY OF YAKIMA STATE OF WASHINGTON IN THE MATTER OF THE VACATION OF a certain public utility easement across the following described property, to -wit: The South 6 feet of the North 334.85 feet of the East 63.5 feet of the West 127.3 feet of the Northeast Quarter of the Northwest Quarter of Section 22, Township 13 North, Ranged 8, E.W.M. A RESOLUTION fixing the time for hearing on, petition for the vacation of a certain public utility easement across the following described property, situated in Yakima, Yakima County., Washington, to -wit: 11 r 23-6 6 now, therefore, NOVEMBER 20, 1961 The South 6 feet of the North 334.85 feet of the East 63.5 feet of the `West 127.3 feet of the Northeast Quarter of the Northwest Quarter of Section 22, Township 13 North, Range 18, E.W.M.; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That said petition shall be-brought on for hearing and determination on Monday, the 11th day,of December, 1961, at the hour of 3:00 otclock in the afternoon on said day at the office of the City Council of the City of Yakima, at the City Hall in Yakima, Yakima County Washington, or as soon thereafter as the same may be heard, and that notice of such hearing be given as provided by law. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY CUNCIL this 20th day of November, 1961. (SEAL) THOMAS C. BOSTIC Mayor Petition No. 114 having been duly filed with the City Clerk by Virgil L. Ruark and Helen E. Ruark on the 17th day of November, 1961, said petition requesting the rezone of certain property located at 513 -515 South 3rd Street, it was MOVED by Robinson, seconded by Maxwell that said petition be referred to the City Manager and the Planning Commission for study and recommendation: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote. Moved by Barber, seconded by Lemon that Resolution No. D -332 transferring $6,200.00 in the 7.961 Budget for Sewer Maintenance for the purpose of purchasing a Pipe -Eye Sewer Camera, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call "'Discussion indicated that the sealing process tried last year on sewers has not been altogether satisfactory, that infiltration of ground water is still a real problem in the sewers and that it would cost approximately $200.00 a day to rent this equipment. RESOLUTION NO. D -332, A RESOLUTION transferring the sum of $6,200.00 Irri.thin the 1961 appropriatioi for 52.6 - Sewer Maintenance. WHEREAS, a surplus exists in Account 7 -47, Sewer Infiltration - Repair, etc of the Maintenance & Operation classification of the 1961 appropriation for 52.6 - Sewer Mainten- ance, and WHEREAS, it is necessary to purchase a Pipe -Eye Sewer Camera for the study and analysis of the infiltration of water into the City sewer system, and a shortage exists in account 6 -31, Machinery & Equipment, of the Capital or Betterment classification of the 1961 appropriation for 52.6 - Sewer Maintenance, and WHEREAS, at the time of the adoption of the 1961 Budget, it could not rave reasonably seen foreseen that the above additional expenditures would be required, and the City Council finds that it is .in the best interests of the people of the City of Yakima to make the aforesaid transfers, and that the action contemplated herein is authorized by R.C.W. 35.33.120, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That the sum of $6,200.00 is hereby transferred from Account 7 -47, Sewer Infiltration- Repair, Etc., of the Maintenance & Operation classification, to Account 6 -31, Machinery & Equipment, of the Capital or Betterment classification, within the. 1961 approp- riation for 52.6 - Sewer Maintenance. Section 2. The Director of Finance is hereby authorized and directed to make the aforesaid transfers. ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 20th day of November, 1961. (S E A L) Councilman Ke�_th was excused at the hour of 4:23 P.M. THOMAS C. BOSTIC Mayor Moved by Larson, seconded by Robinson that Resolution No. D -333 authorizing the purchase of the Pipe Eye Sewer Camera without calling for bids, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. (RESOLUTION NO. D -333, A RESOLUTION authorizing the purchase of a Pipe -Eye Sewer Camera without calling for bids. WHEREAS, it is necessary to purchase a Pipe -Eye Sewer Camera for the study and analysis of the infiltration of water into the City sewer system, and funds therefor are available in the 1961 appropriation for Sewer Maintenance, and WHEREAS, it is necessary to obtain such equipment as soon as possibl(; and WHEREAS, Photopipe, Inc., of Cleveland, Ohio, is the only company that manufactures and sells this type of equipment, and it would. serve no purpose to advertise for bids now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the Purchasing Agent of the City of Yakima'is hereby authorized and directed to purchase a Pipe -Eye Sewer Camera without calling.for bids, it being stipulated that the cost of the same will not exceed the sum of $6,200.00, including sales tax. ADOPTED BY-THE CITY COUNCIL this 20th day of November, 1961. ATTEST: J. A. SMITH (S E A L) THOMAS C. BOSTIC City Clerk Mayor 1 D u 1 Ii r� 1 i 237 NOVEMBER 201 1961 The City of Yakima having purchased, in accordance with Resolution No. D -301, the Lamson Aircraft Company's hangar building together with specified personal property on said leased property, it was MOVED by Lemon, seconded by Larson that Resolution No. D -334 cancelling the Fixed Base Operator's Lease Agreement with the Lamson Aircraft Company, Inc., be passed as read: carried, Barber, Bostic, Larson, Lemon, Maxwell and Robinson voting aye on roll call. Keith absent. RESOLUTION NO. D -334, A RESOLUTION cancelling the Fixed Base Operator's Lease Agreement with Lamson Aircraft Company, Inc. WHEREAS, on October 1; 1949 the City of Yakima entered into an Airport Fixed Base Operator's Lease Agreement for certain premises on the Yakima Municipal Airport with Central Aircraft, Inc., and. WHEREAS, on December 16, 1959 the City, in Resolution No. D -74, approved the assignment of said lease agreement to Lamson Aircraft Company, Inc., and entered into a Supplemental Lease Agreement with said Lamson Aircraft Company, Inc., and WHEREAS, the City of Yakima, in Resolution No. D -301, authorized the City Manager to negotiate for the purchase of the hangar building.and specified personal property on said leased property by the City and for the cancellation of said Lease Agreements' upon completion of such negotiation and purchase, and• WHEREAS, the City of Yakima has purchased said building and property and taken posession thereof and all past rentals due on the lease up to and including the payment due on September 1, 1961, have been paid in full, and WHEREAS, the City of Yakima has purchased said building and property and taken possession thereof and all past rentals due on the lease up to and including the payment due September 1, 1961,'have been paid in full, and WHEREAS, upon the purchase of said hangar building and property there is no longer any purpose to be served in continuing said lease agreement, 'and it is in the best interest of the people of the City of Yakima to cancel said lease, now, therefore, BE L IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the hereinbefore described Airport Fixed Base Operator's Lease Agree- ment and the Supplemental Lease Agreement between the City of Yakima and Lamson Aircraft Company, Inc., are hereby cancelled and rescinded as of September 30, 1961. (ATTEST: J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 20th day of November, 1961. (S E A L) THOMAS C. BOSTIC, Mayor Moved by Barber, seconded by Maxwell that Resolution No. D -335 exte d' q the retire ;rent date of Oren D. Ray, City Hall Custodian for one year or until February 1, �in accordance with statue for Statewide-City-,- .Employees Retirement System, be passed.as read: carried, Barber, Bostic, Larsoi Lemon, Maxwell and Robinson voting aye on roll call. Keith absent. IRESOLUTION NO. D_335, A RESOLUTION extending the retirement date of Oren D. Ray. WHEREAS, Oren D. Ray is an employee of the City of Yakima and is under the Statewide City Employees Retirement System, and WHEREAS, the said Oren D. Ray will reach the extended retirement age of 68 on February 1, 1962, and WHEREAS, the date of retirement may be extended one year beyond said date, and WHEREAS, the said Oren D. Ray is satisfactorily performing his duties as a city employee and is in good physical condition and health, and it is deemed in the best interests of the City of Yakima to extend the retirement date of the said Oren D. Ray for one year, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the retirement date of- Oren'D. Ray,-an employee of the City of Yakima, ks extended.for the period of one year from February 1, 1962. ADOPTED BY THE CITY COUNCIL this 20th day of November, 1961. (ATTEST: J. A. SMITE (S E A L) THOMAS C. BOSTIC City Clerk Mayor Mr. Walter Phillips requested that the City Council consider installing a left -turn storage lane on 16th Avenue at Division. Discussion with staff members disclosed that this street is too narrow for a storage lane at this time and that this problem is one included in the 6 year plan foz the improvement of streets. here being no further business to come before the City Council it was MOVED by Barber, seconded bi, emon that we do now adjourn at the hour of 4 :40 P.M., carried, Barber, Bostic, Larson, Lemon, axwell and Robinson voting aye on roll call. Keith absent. TTEST: M A Y 0 R I