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HomeMy WebLinkAbout03/01/1965 Business Meetingr 634 MARCH 1, 1965 The City Council met in regular session, Mayor Larson, Councilmen Brown, Kurbitz, Lambert, Lynch and Robinson, City Manager Smith and City Attorney andrews present on roll call. Councilman Brazier absent on roll call and until the hour of 4:35 after which time he was _present until the end of this meeting. The invocation was given by Councilman Lynch. Moved by Kurbitz, seconded by Lynch that the minutes of February 23, 1965 be read: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson votingaye by voice vote. Brazier absent. The minutes were approved as corrected. (These minutes were also read and certified accurate as corrected by two Councilmen.) This being the time fixed for the hearing on the Assessment Roll for L.I.D. No. 917, the South 16th Avenue.Arterial Improvement and there being only 4 persons present and interested in this hearing, it was MOVED BY Lambert, seconded by Brown that this matter be considered first on the agenda: carried, Brown, Kurbitz, Lambert, Larson, Lynch and Robinson voting aye by voice vote. It was then MOVED by Lambert, seconded by Robinson that Ordinance No. 624 confirming said asses- sment roll and every part; thereof, be passed as read: carried, Br-,own-.- , Lambert, Larson, Lynch, and Robinson voting aye on roll call. Kurbitz voting nay on roll call. Mr. Glenn Hurd, 1318 South 16th Avenue protested for the property owners on 16th Avenue stating that he believed 25% of the total cost which is to be paid by the property owners, is too high since this street is an arterial and its benefits are shared by all the City. No written protests were filed and no formal action was taken on.this protest. ORDINANCE N0. 624, AN ORDINANCE confirming the assessment roll co- iering Local Improvement District No. 917 as created and established by Ordinance No. 504 of the Ordinances of the City o Yakima. In accordance with action taken by' the City Council at the regular meeting of February 23, 1965, the ordinance relating: to the licensing of Community Antenna Television systems was brought on fo discussion and Councilmen Lambert and Robinson again disqualified themselves and asked to be ex- cused from discussion and voting. There were some 75 persons present to hear this matter. Mr. John Alden, interested citizen, expressed need for the third TV station and suggested that action be postponed since an application has been made for such a station. Mrs. Hattie Folley also,ex- pressed need for further study of this matter before acting on said ordinance. Mr. Rolley Smith indicated that this situation crdates an unfair monoply. Mr. Tom Bostic, president of Cascade Broad Casting Company and Mr. Hugh Davis President of Columbia Empire Broadcasting Company de- fended their position in creating a new company and bringing Cable Television to the City of Yakima. Mr. Doug Wilson discussed with Hugh Davis the matter of losses to free TV stations if another firm brings in Cable Television. Mr. Prea. Halverson, representing Telecable Company read and discussed his letter dated February 25, 1965 directed to the City Council. Mr. Richard Evanson owner of Cable System Electronics urged the Council to consider this matter on the basis of a franchise rather than licensing and protested the formation of a monopoly owned by the local TV stations. Nr. Jack Goetz of KIT Radio questioned the co verate in fringe areas in dicating that if there is no greater coverage, there is no reason for cable television. Councilman Lynch reminded those present that the ordinance being considered is one relating to the licensing of a business in the City and applies to any one wishing to operate such-a business in.-the:City and notejust.to. one individual or corportion. Carl Loy, Attorney for KIT Radio urged the Council to consider this matter on the basis of a franchise rather than licensing intimating that licensing may be ruled illegal. He further urged that the Council postpone action and study the matter further. Councilman Kurbitz inc-.1icated that he would like more time for study and MOVED that said matter be continued for another week. His motion _lost for the want of a second. Mr. J. S. Applegate attorney for Richard Evanson read and discussed portions of a F.C.C. report dated April 16, 1964 ind:+_cating that a copy of said report had been handed to City Attorney Andrews. He also urged the Council to postpone action. It was then MOVED by Brown, seconded by Lynch that the ordinance as read be amended in section 5.25.050, subsection 1 and 2 to read 5% instead of 3 %: carried, Brown, Kurbitz, Larson, and Lynch voting aye by voice vote. Councilman Brazier, Robinson and Lambert did not vote. Councilman Brazier carrein at the hour of 4:35 P.M. and requested that he be disqualified from voting on,-this matter since he had missed some 90 minutes of the discussion. City Attorney Andrews ruled that under Rule B, subsection 2 of Rules of Procedure of Yakima City Council, the Council can act to disqualify one of its members. It we then MOVED by Lynch, seconded by Brown that Councilman Brazier be excused from voting on this matter: carried, Brown, Kurbitz, Larson ftnd Lynch voting aye by voice vote. Brazier, Lambert and Robinson not voting. City Attorney Andrews also ruled that the /remaining four Councilmen constitutes a legal quorum to act upon this matter. vote of the Mayor Larson then called for the vote on the original motion as amended at this meeting to pass Ordinance No. 625, said motion having been maid by Councilman Lynch and seconded by Councilman Brown at the regular'meeting of Februar�.r 23, 1965, and said motion carried: Brown, Kurbitz, Larson and Lynch voting aye on roll call. Councilman Kurbitz announced that he would like to consider this matter .further and that he will move for reconsideration at the next regular meetir of the City Coilncil on March 8, 1965, in accordance with the Councilfs rules of procedure. A 10 minute recess was called to clear the Council Chambers. The meeting was again convened and it was MOVED by Brazier, seconded by Lambert that Councilmen Kurbitz and Lynch be excused at the hour of 6:10 P.M. for the balance of this meeting: carried, Brazier, - Brown -, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and Lynch not voting. An ordinance authorizing a temporary loan of $15,150.00 from the Cumulative Reserve for Domestic Water Supply Development Fund to the Fire Capital Fund and appropriating said sum to the 1965 Budget for said Fund having been read in its entirety at the regular meeting of February 23, 196 and having laid on the table for one week, was read by title only at this meeting and it was MOVED by Brazier, seconded by Robinson that Ordinance No. 626 providing for said temporary loan and appropriation, be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, and Robinson voting aye on roll call. Kurbitz and Lynch absent. ORDINANCE. NO. 6262 AND ORDINANCE authorizing a,temporary loan of $15,150.00 from the Accumulati Reserve for Domestic Water Supply Development Fund to 721 -Fire Capital Fund, and providing for the repayment thereof; appropriating the sum of $15,150.00 from unappropriated monies to 721 -Fir Capital Fund, to Account 7910, Land, of the Capital Outlay classification of the 1965 appropria- tion for 721 -Fire Capita]_ Fund. 1 1 1 6 .35 MARCH 1, 1965 Petitions No. 339, 340 and 341 having been filed with the City Clerk on February 23, 1965 by A. R. Larson requesting sewer, water and street improvements in an area between 13th andl4th Avenues and Pieroe and King Streets; also Petitions 343 and 343 having been filed with the City Clerk on February 23, 1965 by Lester 0. Beaver requestir-Z Water main and Street improvements in and area between South 44th and 45th Avenues and Arlington Street; and Petition No. 344 having been filed with the City Clerk Fekruary 25, 1965 by Glenn E. Gallagher and others requesting street improvements in thearea of South 38th Avenue to Nbb Hill Boulevard, it was MOVED by Brazier, seconded by Robinson that said Petitions be referred to the City Manager and'Staff for study and recommendation: carried, Brazier, Kurbitz, Larson and Robinsorm voting aye by voice vote. Kurbitz and Lynch absent. Brown An ordinance appropriating $25,000.00 from the unappropriated monies"of the Street Fund to the 1965 Budget for said Fund was read in its entirety and ordered laid on the table for one week or until the next regular meeting of the City Council to be held on March 8, 1965. Moved by Robinson, seconded by Brown that Resolution No. D -776 authorizing the purchase of real property for fire Department purposes,for a cash purchase price of $15,000.00 to be paid from the Fire Capital Fund, be passed as read: carried,NBrazier, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. �Qa�, Resolution No. D -776, A RESOLUTION authorizing the purchase of real property for Fire Department purposes. CH 22M having submitted a report together with Monthly Estimate No. 10 for work done through February,l9, 1.965 at the Sewage Treatment Plant and Industrial Waste Pump Station under the con- tract to G. R. Leischner Construction Company', it was MOVED by Robinson, seconded by Brown that said report dated February 23, 1965 be accepted and approved and that said estimate in the amount of 074,850.04 be approved and payment authorized. carried,, Brazier, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. t>w N Manager Smith requested that the matter of the letter from Hal Foss, Ya4ima Casualty Adjuster's Association regarding the traffic signals at 4th and "C" be continued for one week. It was in- formally agreed that this matter be set over for one week. There being no.further business to come before tle Council, it was MOVED by Brazier,'seconded by Robinson that we do now adjourn at the hour of 6:25 P.M;, carried, Brazier, Lambert, Larson and Robinson voting aye on roll call. Kurbitz and Lynch absent. q,)�v READ AND CERTIFIED ACCURATE BY ATTEST: N rd March 8,1965 These minutes certified accurate as corrected above. and J DATE J DATE �►��'�� IX4