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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. , 4 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 I/ 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. ., 1(.11 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 I/ 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 I/ 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. READ AND CERTIFIED ACCURATE BY Ea•-•.• goo. DATE 3-.37.74t COUNCILMAN Or DATE 5- /I,/ f COUNCILMAN ATTEST: 1 Af, or /6 4( - TY CLE o f . MAYOR