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Home My WebLink About10/16/1967 Business Meeting 341 October 16, 1967 The Council met in regular session, Mayor Larson presiding, Councilmen Brown, Kurbitz, Lambert, McNeice and Robinson, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Lynch absent on roll call. It was MOVED by Robinson, seconded by McNeice that Councilman Lynch be excused from this meeting: carried, Brown, Kurbitz, Lam- bert, Larson, McNeice and Robinson voting aye by voice vote. lir The Invocation was given by Councilman Lambert. The minutes of the regular meeting of October 9, 1967, having been duly certified accurate by two Councilmen and no one present wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. Petition No. 559, Notice of Intention to Commence Annexation Proceedings, having been filed with the City Clerk on October 16, 1967, by Jack and Maryalice Redfield, requesting annexa- tion of property located at the southeast corner of Alder and S. 10th Street, it was MOVED by Robinson, seconded by McNeice that this date be set as the time for a meeting with the initiating party who signed the Notice of Intention to Commence Annexation Proceedings dated October 7, 1967: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lynch absent. Mrs. Maryalice Redfield, indicating that the area to be annexed is willing to assume its share of the City's existing indebtedness, it was duly moved, seconded and passed that the annexation proposed by petition no. 559 (Notic- of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area'.sought.to.be annexed be required to assume the City's existing indebtedness. The above Motion was made by Robinson, seconded by Lambert and carried, Brown,- Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lynch absent. MOVED by Lambert, seconded by Brown that Ordinance No. 963 relating to traffic control in connection with Motorcycle regulations and adding a new Chapter to the Yakima Municipal Code, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Lynch absent. Mr. Claude Chamberlin, member of a local Cycle Club, stated that they are objecting to this Ordinance because of the restrictions regard- ing the wearing of helmets and specifying the types of helmets to .be worn ;._; He further stated that this type of helmet is more detrimental to wear in City traffic than it is a safety factor. City Attorney Andrews explained that this Ordinance does not specify the type of helmet and other equipment, but is worded that the helmet and other, equipment be of a type approved by the Washington State Commission on Equipment, and our Ordinance.is merely to amend the Yakima Municipal Code to comply with State regulations. Council mem- bers suggested to Mr. Chamberlin that probably the place to start, in requesting a change in the regulations regarding helmets and other equipment, is with the Washington State Commission on Equipment, and whatever they specify our Ordinance will still be in com- pliance with their regulations. ORDINANCE NO. 963, AN ORDINANCE relating to traffic control; prohibiting the operation of a motorcycle or a motor - driven cycle without a valid license; specifying required equip- ment for motorcycles, motor - driven cycles and their operators; regulating the rental of motorcycles and motor- driven cycles; providing for a penalty for violations; and adding Chapter 9.34 "Motorcycles" as a new Chapter of the City of Yakima Municipal Code. MOVED by Robinson, seconded by McNeice that Resolution No. D -1134 authorizing the execution of a Farm Lease Modification Agreement with Congdon Orchards, Inc., be passed as read: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Lynch absent. City Attorney Andrews: explained that in connection with the Airport improve- ments, this Modification Agreement is to reduce the area of land and the annual rental. RESOLUTION NO. D- 1134, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Farm Lease Modification Agreement with Congdon Orchards, Inc. MOVED by Brown, seconded by Lambert that Resolution No. D -1135 authorizing the execution of a Farm Lease Agreement with Congdon Orchards, Inc., in connection with the airport clear zone, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Lynch absent. RESOLUTION NO. D -1135, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Farm Lease agreement with Congdon Orchards, Inc. A progress report of construction work done by Cook -Lewis Co. on the Airport Office Build- ing for the month of September, 1967, having been approved for payment by R. S. Cameron, Architect for this project, it was MOVED by Robinson, seconded by Lambert that said report dated October 9, 1967, with respect to the progress on this project, be approved and that the estimate of $14,784.70, be approved and payment of the same authorized: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lynch absent. Petition No. 559, having been filed with the City Clerk at this meeting by Mrs. Maryalice Redfield & Others, requesting annexation of property located at the southeast corner of Alder and S. 10th Street, it was MOVED by Robinson, seconded by Lambert that the Petition for Annexation filed by said petitioners, being Petition No. 559, be approved as meeting the requirements of law; that said Petition be referred to the City Manager and Planning Commission for study and recommendation; that the Mayor be authorized to obtain waivers of a meeting by a Review Board; and that November 13, 1967, be set as the date for a public hearing by the City Council on this Petition: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Lynch absent. Mr. Mauno.Saari, Chairman of the Yakima Chapter of the American Civil Liberties Union, read a letter relating to Ordinance No. 954 relating to the distribution of pamphlets within the city, as follows: "Box 766 Yakima, Wash. 98901 October 16, 1967 "Honorable Jack Larson City Mayor Yakima, Washington "Dear Mayor Larson: (continued) . . .. X42 • . OCTOBER 16, 1967 (Letter from Mauno Saari, continued) . • • "The Yakima Chapter of the American Civil Liberties Union has had its attention • called to Ordinance.No. 954 relating to such matters as the distribution of pamphlets within the city. As we read it, the ordinance would prohibit such . . ill ' activities as: 1. Distribution of .pro or anti - fluoridation literature. , • • 2. An expression of political views by inexpensive leaflets'by a • candidate .unable to afford the more expensive media of newspapers and television; • .3. Handing out pamphlets during a labor dispute; and, 4. Announcements of religious meetings given to interested people. "We have had at least half a dozen ACLU attorneys look at•this ordinance and all are unanimous in their belief that .substantial portions of the ordinance are , . unconstitutional. Specifically, there .is a clash with the First Amendment guarantee of free speech and press. . "We urge the city council, aided by the city attorney, to: • 1. Re -study the need for various portions of the ordinance. • 2. .Frame any new ordinance -.so that it meets constitutional guarantees. • "We.trust.that whatever action the council takes will be within reasonable time limits so as to remove the chilling effect an ordinance'such as this has upon .democratic dialogue within our society. • . . . • . "Yours truly, . s/ Mauno Saari, Chairman Yakima Chapter . . American Civil Liberties Union" • Council members informed Mr. Saari that at the time this Ordinance had been passed, no one was present to speak against it. Mr. Saari requested that the matter be studied further. After due discussion, it was MOVED by Robinson, seconded. by Lambert that the matter of the . Ordinance No. 954, be referred to the City Manager and Staff for further study and recom- . mendation: carried, Brown, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. • Lynch absent. . Bids were received and considered by a Bid Board on Monday, October 9, 1967, as follows: Superior Asphalt and Concrete Co. S47,123.50 Yakima Cement and Asphalt Paving Co. 47,951.00 The City Engineer reporting that Superior Asphalt and Concrete Company, having submitted the low bid, and recommending that they be awarded the contract, it was MOVED by Robinson, seconded by Brown that the Engineer's recommendation be accepted and the bid be awarded to • Superior Asphalt and Concrete Company in the amount. of 547,123.50, and that the City Manager be and is hereby authorized to enter into a contract with said contractor upon the • . filing of the'proper bond and insurance: carried, Brown, Kurbitz, Lambert, Larson, McNeice • ' and Robinson voting aye by voice vote. Lynch absent. . Mr. J. W. Oldham,•Director, Alcoholism Services, the Yakima Valley Committee on Alcoholism, read a letter commending the City Council and City Staff members as follows: • . "October 9, 1967 • "Yakima City Council . . City Hall. . . . • Yakima, Washington 9$901 . • • "Dear Council Members: "With the founding of the Yakima Valley Council on Alcoholism in 1961 by local citizens began the first community acknowledgement and acceptance of . the problems of alcoholism. . "The National Council on Alcoholism has emphasized four pertinent points that have been accepted by the American Medical Association and medical schools throughout . the country. . "(a) Alcoholism is a disease and the alcoholic is a sick person • who needs help. . . • (b) Alcoholics are worth helping and can and do recover. • (c) Alcoholism is.a.public health problem and therefore a • public responsibility. . (d) Less than 10% of the alcoholic population is represented by the skid row alcoholic. "The first goal of the Yakima Valley Council was to establish the local • Alcoholism Information and Referral Center. This was done and the Center. was opened in August, 1963. "The second goal was to establish a live -in facility or Halfway House to . provide counselling therapy and recovery through rehabilitation for the direct sufferers of alcoholism. "This is now being accomplished through the establishment of the Sundown M Ranch for rehabilitation of alcoholics. (Continued) • i I II OCTOBER 16, 1967 (Letter from Mr. Oldham, continued) "We wish to highly commend the City Council for including funds in'the 196$ city budget for the Sundown M Ranch rehabilitation program. By your foresight and positive attitude you will help many local citizens to overcome this illness. "We wish to express our particular thanks to Councilwoman Lenore Lambert, Assistant City Manager Martin Friedline, Police Chief Douglas Campbell, Municipal Judge George Mullins and former City Manager George Smith for their guidance in the • preparations for city participation. We are also grateful to Police Chief Douglas Campbell and the members of his staff for providing staff services to the Alcoholism Center during the past year. "These helpful actions on your part as city officials will not only be of great benefit to the citizens of our community but will also enhance the stature of the city and its officials•in the public image we project to the other cities and communities throughout the State of Washington and the other northwest states. "Very truly yours /s/ J. W. Oldham', • Director, Alcoholism Services" • • Mayor Larson thanked Mr. Oldham for presenting this letter to the Council. • There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by McNeice that we do now adjourn at the hour of $:45. P.M.: carried, Brown, Kurbitz, Lambert, Larson, McNeice•and voting aye by voice vote'. Lynch °absent. • READ AND CERTIFIED ACCURATE BY (.,'' � � - DATE ;796 (�CILMAN! / • G / /�� 6� � �ie��._ • DATE 0 NCILMA / • • ATTEST: 1 C I T Y - ' C L E R K " r M A Y O R • • • • • • • • • • • • it II