HomeMy WebLinkAbout04/15/1963 Business Meeting1
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APRIL 15 ,1963
The City Council met in regular session, Mayor Larson, Councilman Brazier, Kurbitz, Lynch, Lemom,
Munger and Robinson, City Manager Smith, and City Attorney Andrews were present on roll call.
Invocation was given by Councilman Lemon.
Minutes of regular Meeting -,of.April 8 were approved as corrected.
An Ordinance regulating garbage storage and collection and disposal and defining terms and amen-
ding the Yakima City Code, having been read in its entirety by Councilman Robinson, it was MOVED
by Munger seconded by' Robinson, that said Ordinance be passed as read.. After City Attorney
Andrews reviewed the Ordinance and Council deciding during discussion that some changes should be
made in the proposed ordinance regarding the placement of garbage cans, and to delete the last
sentence in Section 5 pertaining to rates, it was MOVED by Robinson, seconded by Munger that said
Ordinance be laid on the table for one week or until the next regular meeting of the Council on
April 22, 1963: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger, and Robinson, voting
aye by voice vote.
MOVED by Munger , seconded by Lynch that Resolution No. D -546 authorizing an agreement with the
Federal Aviation Agency to permit.relocation of certain.power and control cables for the approacY
lighting system at.the Yakima Municipal Airport in order to permit the relocation of South 16th
Avenue and that the required work, labor, and material necessary will be furnished by the FAA
and the city will reimburse the FAA for same, be passed as read: carried, Larson, Lemon, Lynch,
Munger and Robinson voting aye by roll call. Brazier and Kurbitz voting Nay. Iri answer to
Councilman Brazier's question as to why.th e Federal Government is involved in this project, Publi
Works Director Mayo stated that there is a specific technique used in splicing these cables and
that they prefer to have their own people do the work.
RESOLUTION NO.'546,, A RESOLUTION AUTHORIZING and directing the City Manager and the City Clerk to
execute an agreement with the Federal Aviation Agency.
MOVED by Robinson, seconded by Munger that Resolution No. D -547 authorizing the purchase of propel
ty located at 40th Avenue and Chestnut Street for street right -of -way from Mrs. Braun, in the
amount of $3,000.00, be passed as read:, carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger
and Robinson voting aye by roll call.% In answer to Councilmen Kurbitz's inquiry as to whether
a precedent is being set on this cost, Councilmen Lemon stated that the price is in line wit -h-
other sales. Public Works Director Mayo stated the triangular piece is needed to c.arrect a jog
at the intersection of'40th Ave. and Chestnut as the streets do not line up` properly at that point
He further stated that Gray and Osborne have indicated that bids will be opened on June 1 and
that it'is hopeful the job will be completed before the school year opens in September.
RESOLUTION NO D -547, .a resolution authorizing and directing the City Manager of the City of
Yakima to purchase real property located at 40th Avenue and Chestnut Street for street right -of-
way.
MOVED by Brazier, seconded by Lynch, that Resolution No. D -548 denying a damage claim filed
against the city of Yakima by W. W. Thomas be passed as read: carried, Brazier; Kurbitz, Larson,
Lemon, Lynch, Munger and Robinson voting aye by roll call. ✓City Attorney Andrews stated that
recent information indicated that Mr. Thomas believed the city should reimburse.him for the loss
of tools which he claimed were stolen from his truck which he had to park down `the street away
from his home because the city was installing a sewer system in front of his residence.
RESOLUTION NO. D -54$, a resolution denying a damage claim filed against the city of.Yakima by
W. W. Thomas.
MOVED by Robinson, seconded by Munger that Resolution No. D -549 denying a damage claim filed
against the City of Yakima by Robert A. Mobley, be passed as read: carried, Brazier, Kurbitz,
Larson, Lemon, Munger and Robinson voting aye by roll call. Lynch voting Nay. The Claimant
Mr. Mobley was present and stated to Council that he had removed the Locust tree from the parking
strip 6n Sunday, March 10, as the wind had blown a large limb down on Saturday, the 9th, and he
was fearful that the whole tree would fall against his neighbors home. He said the tree was
found to be very old and rotten inside. He then notified the city and filed a claim as he said
it was on city property. Councilman. Robinson informed Mr. Mobley that the parking strip does
not belong to the city, that the strip can be used by the property owner, and that tince this
situation did not cause a street hazard, the city is not liable and therefore he felt the claim
should not be paid. Councilman Lynch stated that even though the city may not be liable it
was morally right to pay the claim as he felt Mr. Mobley acted in good faith and as a good citize
in removing the tree because he feared it would be dangerous. He further stated the tree was a
large one, 3 feet in diameter, and could have been dangerous, that the city most likely would
have had to pay some money to take care of this, so therefore he was in favor of paying the
$65.00 claim. Councilman Brazier said we must go along with the law on this, and that we must
be careful not to set a precedent. Mayor Larson asked Mr. Mobley if he had reported the falling
of part of the tree to anyone connected with the city, including the fire`. department or police.
Mr. Mobley said he had not. RESOLUTION NO. D -549, A RESOLUTION denying a damage claim filed
against the City of Yakima by Robert A. Mobley. '
The City Clerk requesting authority to use released matching contributions on deposit with
Statewide Retirement System for the City of Yakima, to pay the balanceeof operating expense
for 1962 and the advance operating expense for 1963, it was MOVED by Robinson, seconded by Munger
that the Statement of Expense as submitted by said retirement system, in the amount of $29$$.40
be paid from the released matching contribution on deposit with Statewide City Employees Retire-
ment System: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye
by voice vote./ City Manager Smith explained the functions of this fund.
Councilman Munger thanked City Manager Smith for the Capitol Expense Report and commended him
for this fine- report. Councilman Munger asked Public Works Director Mayo if he had the cost
information on the parking changes on Naches Avenue. Mayo informed Council that he would have
this information at the April 22nd Council meeting. Councilman Munger suggested that we invite
Dr. Bittner, Fred Mercy atfd the Merchant Associations to hear this report.
City Manager Smith reported to Council that the remodeling at the Airport was progressing nicely
and that a tentative date for opening the Restaurant is scheduled for April 29.
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APRIL 15, 1963
There being no further business on the agenda, it was MOVED by Kurbitz,,.eeconded by Munger, thrat
we do now adjourn at the hour of 9:45 P.M. carried.
ATTEST M A Y 0 R
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Downtown Development & Merchants Association
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