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HomeMy WebLinkAbout05/14/1962 Business Meetingr 0 MAY 142 1962 The City Council met in regular session, Mayor Bostic, Councilman Barber, Kurbitz, Larson, Morris' sey and Robinson, City Manager Smith and City Attorney Andrews present on roll call. Councilman I Lemon absent and excused. The invocation was given by Councilman Kurbitz. Mayor Bostic presented the Walker Safety Award to Oscar Soderstrom, Chief of the Police Depart- ment, as granted by the National Police Officer's Association. The minutes of the regular meeting of May 7, 1962, were approved as read. An ordinance appropriating the sum of $2,524.00 from the unappropriated moneys in the Current Expense Fund for the purchase of the supplement service for the Yakima Municipal Code, having bees read in its entirety at the regular meeting of May 7, 1962 and laid on the table for•one week, and read by title only at this meeting, it was MOVED by Robinson, seconded by Larson that Ordin- ance No. 338 providing for said appropriation, be passed as read: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye on roll call. Lemon-absent. ORDINANCE NO. 338, AN ORDINANCE appropriating the sum of $2,524-00 from the unappropriated moneys in the Current Expense Fund to Account 6 -71, Books, of the Capital or Betterment classifi- cation of the 1962 appropriation for 15 - Statutory & General Department. An ordinance appropriating the sum of $1,098.00 from the unappropriated moneys in the Current Expense Fund for the purchase of a three - wheeled vehicle for checking parking meters, having been read in its entirety at the regular meeting of May 7, 1962 and laid on the table for one week, and read by title only at this meeting, it was MOVED by Morrissey, seconded by Barber that Ordinance No. 339 providing for said appropriation, be passed as read: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 339, AN ORDINANCE appropriating the sum of $1,098.00 from the unappropriated moneys in the Current Expense Fund to Account 6 -11, Movable Equipment, of the Capital or Better- ment classification of the 1962 appropriation for 12 - Finance Department. An ordinance appropriating the sum of $525.00 from the unappropriated moneys in the Water -Sewer Fund in order to settle a lawsuit involving the Industrial Waste Sewer, having been read in its entirety at the regular meeting of May 7, 1962 and laid on the table for one week, and read by title only at this meeting, it was .MOVED by Larson, seconded by Robinson that Ordinance No. 340 providing for said appropriation be passed as read: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye on roll call. Lemon absent. ORDINANCE NO. 340, AN ORDINANCE appropriating the sum of X525.00 from the unappropriated moneys in the Water -Sewer Fund to Account 6 -31, Construction & Other Improvements, of the Capital or Betterment classification of the 1962 appropriation for 52.6 - Sewer Maintenance. In accordance with action taken-by the City Council at their regular meeting of May 7, 1962, an ordinance amending the Peddling ordinance, No. B -875, was read by the Clerk of the Council and it was MOVED by Robinson, seconded by Larson that said ordinance be passed as read. Said amendment defining "Vendors of Dairy Products" a discussion concerning the vending of ice cream bars and ice cream products ensued. Mr. Robert E. Willis, attorney, spoke on behalf of his client Larry Lindquist, an 18 year old High School Senior who has been vending wrapped ice cream bars from 2 motor skooters during the summer months and who wishes to continue his enterprise to help earn his college education. Mayor Bostic read a report from the Police Department which pointed out the traffic hazards created by these vehicles, the disturbance from noise makers used by the vendor, the difficulty in restricting others from doing the same thing and the difficulty of regulating other sales on the streets. It also pointed out that it is impossible to restrict units to operate only in certain areas of the City, that private business will protest and want the same privilege, that this operation will create problems for the Park Department and create a litter problem for both property owners and the City. Mayor Bostic also read a report from the Yakima County Health District which also protested the operation of mobile units for, selling Ice Cream products because the mobility of such units prevents adequate inspection.and policing, and such units cannot be provided with adequate facilities for refrigeration and clean- liness. This report also suggested that the allowance of dispensing one type of, food may open the door for many and also stressed the problem of litter on streets and private property. Manager Smith related that two firms have made inquiry for permission and license to carry on similar type of street selling operation. Councilman Kurbitz stated that he has made an informal survey in his neighborhood and found that parents and children agree with him in his objection to a change in the ordinance and stressed the fact that he believes in free enterprise. Councilman Barber stated that he is in favor of this enterprise so long as it is,limited to wrapped merchand- ise. Sterling Throssell of the Yakima Health District stated that it is illegal to sell foods which are not prepackaged. Councilman Larson expressed favor for the operation but expressed anxiety over the traffic problems and safety of children. The Council wishing to study this matter further, it was MOVED by Robinson, seconded by Barber that this matter be continued for on( week or until the regular meeting,of the Council on May 21, 1962: carried, Barber, Bostic,Kurbit2 Larson, Morrissey and Robinson voting aye by voice vote: Lemon absent. In accordance with action taken by the Council at their regular meeting on May 7, 1962, it was MOVED by Larson, seconded by Kurbitz that the Order fixing the Date of Hearing to May 21 on Petition No. 13$ as filed by Dr. Don E. Foster prarying for the annexation of certain property North of Kern's Addition and Bouth of Englewood, be approved as read and notice of hearing 'by publication and posting be given: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robin- son voting aye on roll call. Lemon absent. Petition.No. 147 having been filed with the City Clerk on May 8, 1962 by Ben J. Alaimo and others requesting the formation of a local improvement district for the curb, gutter and surfacing of Englewood Hill Drive from a point east of Englewood Hill Drive to the east line of Englewood Hill Addition, it was MOVED by Robinson, seconded by Barber that said Petition be referred to the City Manager and staff for study and recommendation: carried, Barber, Bostic, Kurbitz, Larson, Morris sey and Robinson voting aye by voice vote. Lemon absent. Petition No. 148 having been filed with the City Clerk on May 11, 1962 by Yakima Cement Products Company and others requesting the formation of a Local Improvement District for the paving of East Washington Street from the railroad right -of -way to South lst Street, it was MOVED by Larson, seconded by Morrissey that said petition be referred to the City Manager and staff for study and recommendation: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye by voice vote. Lemon absent. 1 J 1 1 1 1 1 MAY 14, 1962 Moved by Barber, seconded by Morrissey that Resolution No. D -402 authorizing the performance of certain asphaltic concrete pavement overlay work on Summitview Avenue west from 40th Avenue by Yakima County, be passed as read: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinso voting aye on roll call. Lemon absent. RESOLUTION NO. D -4021 A RESOLUTION authorizing the performance of certain asphaltic concrete pavement overlay work on Summitview Avenue by Yakima County. WHEREAS, Yakima County Thursday, May 31, 1962, for asphaltic concrete Avvenue adjacent to the City of Yakima, and contemplates advertising for bids to be opened pavement overlay work to be performed on Summit WHEREAS, the City has scheduled -asp hatic concrete pavement overlay work to be done on Summitview Avenue within the city limits during the year 1962, and has money allocated within the street budget for such work, and WHEREAS, the City Council finds that it is advantageous to the City of Yakima to-have such work within the city limits of Yakima performed under a contract to be let by Yakima County and that the approximate cost which the City of Yakima would be required to pay for such work within the city limits would be the sum of $7,500.00, now, therefore, BE IT RESOLVED BY THE CITY OF YAKIMA: That the City Manager of the City of Yakima is hereby authorized and directed to negotiate with Yakima County for the participation by the City of Yakima in the asphaltic concrete pavement overlay work on Summitview Avenue west from 40th Avenue to the wester ly•city limit line and to direct the payment by the City of Yakima to Yakima County for the proportionate cost of performing such work, which cost shall not exceed the sum of $7,500.00. ADOPTED BY THE CITY COUNCIL this 14th day,of May, 1962. ATTEST: J. A. SMITH ( CITY SEAL ) THOMAS C. BOSTIC CITY CLERK MAYOR Mr. Woodrow Edinger having filed with the City Clerk, on May 14, 1962,.an, appeal from the decision of the Planning Commission to deny the rezone of certain property located at the Northeast corner of 12th Avenue and Baker Street from R -2 to R -3 in the City of Yakima, it was MOVED by Morrissey, seconded by Larson that the Council fix the date of hearing on this matter for May 21, 1962 and that all interested persons be so notified: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye by voice vote. Lemon absent. The City Clerk requesting authority to use Released Matching Contributions on deposit with the Statewide Retirement System for the City of Yakima, to pay the balance of operating expense for 1961 and the advance operating expense for 1962, it was MOVED by Larson, seconded by Barber that the Statement of Expense as submitted by said retirement system in the amount of $2,772.90 be paid from the Released Matching Contributions on deposit with Statewide City Employees Retirement System: carried, Barber, Bostic, Kurbitz, Larson, and Robinson voting aye by voice vote. Lemon absent. Councilman Kurbitz read a letter from a constituent protesting the garbage facilities and use of them by a super- market in her neighborhood. A picture showing the abuse was enclosed. This matter was informally referred to City'Manager Smith who explained that the results will hinge on the cooperation of the independent garbage hauler who serves this market. Mayor Bostic then requested City Attorney Andrews to review his finding and recommendations on the matter of a petition protesting certain business and occupation tax as provided for in Ordinance No. 300 and 30$, as filed by Mr. Stephen H. Huza and others. City Attorney Andrews explained that the time for the Council to act as requested by said petition, that is, to repeal and amend the Code of the City of Yakima in accordance with said petition or set a date for a special election and submit the matter of repealing and amending the code to the electors of the City of Yakima, expires on Monday the 21st day of May, 1962. He further explained that he found that the petition does not properly state its request and that the proposed ordinance is unconstitutional in that it requests the refund of public funds which cannot be used for the benefit of private individuals. He also explained that the proposed ordinance contains several conflicting and irreconcilable provisions and that, on the grounds of ambiguity and vagueness, he contended that this ordinance would be unworkable. and unenforceable. He further stated that he could not recommend its referral to the people, but "recommended that the City Council take no action on this petition unless so ordered by the Court. Mr. Huza being present, expressed dissatisfaction with the recommendation and asked the Council not to be spiteful with those persons who have signed the petition, by not taking action and agreed that a court determination is proper procedure to follow. All persons having been heard, it was MOVED by Robinson, seconded by Morrissey that the City Attorney be and is hereby instructed to submit said petition and proposed ordinance to the court for determination as to validity and for court construction of said petition and proposed ordinance: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye by voice vote. Lemon absent. There being no further business to come before the Council, it was MOVED by Barber, seconded by Kurbitz that we do now adjourn at the hour of 4:30 P.M: carried, Barber, Bostic, Kurbitz, Larson, Morrissey and Robinson voting aye by voice vote. Lemon absent. ATTEST: M M A Y 0 R