HomeMy WebLinkAbout05/20/1974 Business Meeting 71
MAY 20, 1974
The City Council met in session at 6:30 P.M. on this date at
Station KYVE TV.
Councilmen present at the meeting were Mayor Bert Broad, Wray
Brown, Betty L. Edmondson, W. K. "Pete" Moore, Charles A. Rich,
Don Schussler and Bill Whitaker.
Councilman Whitaker requested to be excused from the adjourned
regular meeting of Friday, May 24, 1974 and the regular meeting
of May 27, 1974. It was MOVED by Edmondson, seconded by Moore
that Councilman Whitaker be excused on those dates: carried,
Broad, Brown, Edmondson, Moore, Rich and Schussler voting
aye by voice vote.
City Manager McMicken reminded Councilmen of the AWC Convention
in June and advised them that the City will preregister all
Council members attending.
Supervisor of Utility Accounts, Dave Hoge, reported on the
Water-Sewer Utility Annual Report for 1973. He noted that the
report confirmed the need for the rate increase established
in September 1973, although that increase will not be fully
appreciated until December 1974. In 1972 the Utility experienced
a $120,000 net loss, including depreciation, which was reduced
to $83,000 in 1973. The debt-service ratio, required by bond
covenants to be kept at 1.40, rose in 1973 to 1.63. This ratio
represents the excess of operating profit over the annual debt-
service required by all bond issues. The ratio may increase
to 2.0 in 1974. City Manager McMicken commented briefly on the
two accounting systems maintained, one by Utility Accounts and
the other by BARS in General Accounting, as required by State
law. Councilmen expressed some interest in investigating the need
for both systems.
Police Chief, Jack LaRue, briefed the Council on the current
status of the enforcement of prostitution in the City. He related
that the problem is not unique to this city, but is a problem
to many cities of Yakima's size on the West Coast. Apparently,
many new, young women have entered the "profession" and follow
a circuit between cities, depending on the degree of enforcement.
The Council inquired whether prostitution in Yakima was associated
with other crimes such as drugs, or robberies, etc. Police
Chief LaRue indicated they are not equally associated. City
Attorney Andrews related that under State law, prostitution is
illegal and therefore, a local Ordinance legalizing it would be
invalid in Yakima. Nevertheless, there appears to be a possi-
bility of enacting a local Ordinance against the male as a
contributor in the crime. Such an Ordinance exists in Seattle
and the staff is investigating the enforcement of that Ordinance.
The current status of court sentencing is such that convicted
offenders are given a 90-day sentence, of which 15 days are
served and 75 days suspended. Previously, convictions required
a full 90-day serving term and were automatically appealed to
Superior Court, creating a severe backlog of cases pending trial.
The suspended sentence instated last year has since reduced
that backlog. However, if at any time during the 75-day sus-
pension, the violation is repeated, offenders are incarcerated for
the balance of the sentence. The City Manager inquired whether
or not the city could impose the maximum fine and sentence allow-
able under State law, i.e., $500 and 180 days to serve as a
deterrent to prostitution in the city. Presently, the city
imposes a $250 fine and a 90-day sentence. City Attorney Andrews
said this was possible, but depends upon the judge being willing
to impose such a penalty. The Council took no action, but asked
the Staff to investigate the Seattle Ordinance making prostitution
an equal crime for men and women, and imposing heavier penalties
permissible under State law.
MAY 20, 1974
At 8:00 P.M., the Council members moved into the main television
. studio of KYVE TV for the balance of the meeting, Mayor Broad
presiding, Councilmen Brown, Edmondson, Moore, Rich, Schussler
and Whitaker, City Manager McMicken and City Attorney Andrews
present on roll call.
, The Invocation was given by Councilman Moore.
The minutes of the previous adjourned regular meeting of May
, 6 and May 10, 1974, and the regular meeting of May 13, 1974,
having been duly certified accurate by two Councilmen, and
no one present wishing to have said minutes read publicly,
, Mayor Broad declared said minutes approved as recorded.
: City Manager McMicken referred the proposed lease agreement
with the Washington State Highway Commission for the Sewage
Treatment Plant Irrigation Field to Director of Public Works,
Dave Vargas, who explained that this would involve approximately
30 acres for expansion of the irrigation field, since the present
field cannot handle the waste load during the peak canning season.
He further explained that this property would be leased at $10
an acre. City Manager mcMicken noted a fee of $275 per year
for an indefinite term. The funding is to come from the Water-
' Sewer Utilities. It was MOVED by Brown, seconded by Whitaker
that Resolution No. D-3130, authorizing the execution of said
lease agreement with the Washington State Highway Commission,
be passed: carried, Broad, Brown, Edmondson, Moore, Rich,
Schussler and Whitaker voting aye on roll call. ,
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RESOLUTION NO. D-3130, A RESOLUTION authorizing and directing
I the City Manager and City Clerk of the City of Yakima to execute
an agreement with the Washington State Highway Commission to
lease property for a spray irrigation field.
' Referring to the proposed agreement with the Washington State
Highway Commission for funding to repair flood damage to City
streets, City Manager McMicken explained that the City will
be reimbursed 100 per cent for costs incurred in repairing
both Washington Avenue and 16th Avenue after the recent flooding.
It was MOVED by Whitaker, seconded by Rich that Resolution
No. D-3131, authorizing the execution of said agreement for
funding with the Washington State Highway Commission, be passed:
carried, Broad, Brown, Edmondson, Moore, Rich, Schussler and
Whitaker voting aye on roll call.
RESOLUTION NO. D-3131, A RESOLUTION authorizing and directing
the Mayor and City Clerk of the City of Yakima to execute an
agreement with the State of Washington Highway Commission for
repairing flood damage to City streets.
City Manager McMicken explained that the proposed agreement
with the Washington State Patrol regarding computerized law
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enforcement communications will allow the City to obtain criminal
statistics from the National Crime Information Center and is
required to comply with procedures outlined for local government
use. He further noted that there is no funding related to
this agreement. It was MOVED by Edmondson, seconded by Brown,
that Resolution No. D-3132, authorizing the execution of said
agreement with the Washington State Patrol, be passed: carried,
Broad, Brown Edmondson, Moore, Rich, Schussler and Whitaker
voting aye on roll call.
RESOLUTION NO. D-3132, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute
an agreement with the Washington State Patrol for the use of
computerized law enforcement systems.
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MAY 20, 1974
Referring to the proposed agreement with Yakima School District
No. 7 relating to the development of Lion's Park, City Manager
McMicken explained that this agreement deeds property to the
City for construction of tennis courts and provides for use
of the parking lot. City Attorney Andrews explained that the
agreement provides for the use of the parking lot by the School
District at all times, but is not to be in conflict with the
use of the parking lot by the general public. It was MOVED
by Brown, seconded by Schussler that Resolution No. D-3133, author-
izing the execution of said agreement with the Yakima School
District, be passed: Broad, Brown, Edmondson, Moore, Rich,
Schussler and Whitaker voting aye on roll call.
It was MOVED by Whitaker, seconded by Rich that Resolution
No. D-3134, authorizing the execution of an agreement with
Burlington Northern for a twelve-inch watermain crossing to
the new City Shops, be passed: carried, Broad, Brown, Edmondson,
Moore, Rich, Schussler and Whitaker voting aye on roll call.
City Manager McMicken explained that this agreement allows
the City to cross Burlington Northern's railroad lines with
the watermain connection.
RESOLUTION NO. D-3134, A RESOLUTION authorizing the Mayor and
City Clerk of the City of Yakima to execute an agreement with
Burlington Northern, Inc., for a pipe line crossing to serve
the proposed City Shop Complex.
It was MOVED by Moore, seconded by Rich that Resolution No.
D-3135, authorizing the sale of surplus City property at a
public auction, be passed: Broad, Brown, Edmondson, Moore,
Rich, Schussler and Whitaker voting aye on roll call. City
Manager McMicken explained that this auction will be held in
June and briefly reviewed the list of surplus City equipment
attached to the Resolution.
RESOLUTION NO. D-3135, A RESOLUTION authorizing the sale of
surplus personal property owned by the City.
It was MOVED by Brown, seconded by Edmondson that Resolution
No. D-3136, authorizing the purchase of right-of-way property
for Third Avenue improvements, be passed: carried, Broad,
Brown, Edmondson, Moore, Rich, Schussler and Whitaker voting
aye on roll call. City Manager McMicken indicated that parcels
no. 7 and 8 are being purchased at $127.00 and $37.00,
respectively.
RESOLUTION NO. D-3136, A RESOLUTION authorizing the purchase
of right-of-way property for Third Avenue improvements, Nob
Hill - Division.
City Manager McMicken referred the review of the City's Street
Maintenance Program to Director of Public Works, Dave Vargas,
who reviewed his report on the subject dated May 17, 1974.
He briefly covered types of street surfacings described in
this report and the approximate cost associated with each.
Mr. Vargas noted that the City performed "chip seal" coverings
last year at approximately $50,000 and overlays at approximately
$30,000. This year the City will perform preservative seals
at a total cost of approximately $80,000.
City Manager McMicken reviewed his Report No. 218 concerning
Revocable Permits, explaining the City's present procedure for
issuing permits to private businesses for use of public right-
of-way. He noted that the City maintains the right to revoke
these permits at any time. He discussed problems associated
with the present procedure in administering and maintaining
these permits, recommending that their issuance and control
be amintained by the Office of Code Enforcement. With reference
to the attached ordinance draft, it was noted that a $10.00
fee would be collected when the permits are issued and that
an annual inspection would be made at a reissuance fee of the
74
MAY 20, 1974
same amount. It was also noted that those now holding permits
would be asked to obtain renewals at the stipulated fee. There
was discussion by the Council regarding the feasibility of
requiring those now holding revocable permits to pay the $10.00
fee. After due discussion, it was MOVED by Schussler, seconded
by Whitaker that the City Manager be authorized to have legislation
prepared in conformance with his report and that those now
holding permits be informed of the time when this legislation will
be brought back to the Council: carried, Broad, Brown, Edmondson,
Moore, Rich, Schussler and Whitaker voting aye by voice vote.
An Ordinance transferring and appropriating $6,000 to the Office
of the City Attorney to pay legal costs for indigent defendents,
having been read by title only at the previous meeting, was
laid on the table for one week or until May 27, 1974. City
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Attorney Andrews indicated that this amount covers costs of
court, appointed attorneys.
Mayor Broad noted the letter of resignation from the Police
and Fire Civil Service Commission received from Dr. R. G. MacKin-
tosh, D.V.M., dated May 15, 1974. It was MOVED by Whitaker,
seconded by Moore that the resignation be accepted and that
a letter be sent commending him for his services: carried,
Broad, Brown, Edmondson, Moore, Rich, Schussler and Whitaker
voting aye by voice vote.
Petition No. 811, having been filed with the City Clerk on
May 16, 1974, by Samuel A. and Betty A. Gridley, requesting
annexation of property located on the west side of 24th Avenue
between Nob Hill and Washington, it was MOVED by Schussler,
seconded by Brown that June 3, 1974, be the date set for Hearing
on this matter: carried, Broad, Brown, Edmondson, Moore, Rich,
Schussler and Whitaker voting aye by voice vote.
A Damage Claim having been filed with the City Clerk on May
13, 1974, by Alan Bischoff, 1010 South 51st Avenue, in the
amount of $81.40 for damages to his glasses while on duty as
a Yakima Police Officer, it was MOVED by Brown, seconded by
Schussler that said Damage Claim be referred to the City Manager
and staff for study and recommendation: carried, Broad, Brown,
Edmondson, Moore, Rich, Schussler and Whitaker voting aye by
voice vote.
Mr. Dan Pellegrini, 9 Hanratty Drive, being present, spoke
to the Council regarding the scheduling of certain Council
meetings away from City Hall and asked questions concerning
the adjourned regular meeting held by the Council at Hidden
Valley, April 12 - 13, 1974. City Attorney Andrews explained
the Open Public Meeting Law as it relates to this matter and
it was noted that the Council appropriately waived notice of
this adjourned regular meeting and that the meeting was open
to the public.
The Council then answered various questions from persons phoning
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into the television studio during the meeting and it was noted
that the City staff would look into those requesting action.
There being no further business to come before the Council,
it was MOVED by Moore, seconded by Rich that this meeting be
adjourned at 10:00 P.M., to Friday, May 24, 1974, at the hour
of 12:00 Noon to then meet in the Flight Deck Restaurant:
carried, Broad, Brown', Edmondson, Moore, Rich, Schussler and
Whitaker voting aye by voice vote.
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