HomeMy WebLinkAbout06/27/1977 Business Meeting 538
JUNE 27, 1977
The City Council met in session on this date at 1:30 P.M. in the Conference
Room at Yakima City Hall.
Councilmen present at the meeting were Mayor Betty L. Edmondson, Jean
Allard, Ralph Holbrook, W. K. "Pete" Moore, Nadine Walker and Gordon Wonder.
Councilman Simmons absent.
Mayor Edmondson circulated Sarge Hubbard's letter of resignation from the
Yakima Center Advisory Board. It was the general consensus of the Council
to accept this resignation with regret. Councilman Wonder questioned if
the Advisory Board is necessary now that the Center has been completed.
Mayor Edmondson stated that it would be good to have some type of recom-
mendation body. It was the general consensus to refer this matter to staff
for their recommendation.
Councilman Holbrook expressed concern about the liason between the Council
and AWC when Councilman Moore's term expires. Councilman Moore said he
checked with AWC to inquire if he should resign and was informed that it
wasn't necessary. Councilman Holbrook suggested that a Council member
attend AWC meetings with Councilman Moore. Mayor Edmondson informed Council
that the City of Yakima will be hosting the AWC convention next year.
City Manager Eastman introduced Dick Hilligus, the new Parks and Recreation
Director.
City Manager Eastman reported that the City of Yakima had just been named
the primary defendent of a lawsuit filed by the Independent Order of Odd
Fellows. The suit enjoins the City from doing any work on North 3rd Street,
from East Yakima Avenue to "A" Street. The hearing is scheduled for July 6,‘
1977. Mayor Edmondson asked what this would do to the City financially,
and City Attorney Andrews said that the City should ask for a performance
bond to cover any expenses of the delay. Councilman Allard said the City
may be entitled to underground utilities at the expense of the utility
company and would like to check into this for the Uptown L.I.D. City
Manager Eastman said he would look at the,:ost.
City Manager Eastman asked Council if they wanted to discuss private refuse
haulers, as he has had inquiries from them. Councilman Holbrook stated
that he had tried to contact the private haulers but one of them is out -of-
town until a week from Tuesday. Councilman Holbrook said it was his under-
standing that one private hauler was using the garbage in some type of
boiler operation, and would hate to make a decision on this without lis-
tening to his proposal. Councilman Walker said that this had already been
discussed and voted down. Councilman Wonder said that if there is some-
thing new proposed, then Council should see it. It was the general con-
sensus to postpone discussion of this matter until further information is
available from Councilman Holbrook, a new proposal is submitted.
Ken Thompson, Acting Management and Budget Director, gave a report on the
1978 -79 financial status of City operating funds, referring to his June 23,
1977, memo and graphs he had prepared. Grants, Federal Revenue Sharing,
Public Works Act and other volatile revenues have been excluded from these
estimates. Each fund's cash balance (at the beginning of the year) has
been included as a revenue. Mr. Thompson reported that the Transit De-
partment owes the Water Fund $140,000 with interest, and Refuse Department
has paid off two loans this year. Mr. Thompson stated that we are looking
at $15,000,000 for operating funds for 1979.
The Council members then walked over to Third Street to look at the area
involved in the lawsuit.
At 3:00 P.M. the Council members moved into the Council Chambers for the
balance of the meeting, Mayor Edmondson presiding, Council members Allard,
Holbrook, Moore, Walker and Wonder, City Manager Eastman and City Attorney
Andrews present on roll call. Councilman Simmons absent and excused.
The Invocation was given by City Attorney Fred Andrews.
539
JUNE 27, 1977
Mayor Edmondson referred to the items placed on the Consent Agenda, ques-
tioning whether there were any additions or deletions from either Council
members or citizens present. The City Clerk then read the Consent Agenda
items, including Resolutions by title. It was MOVED by Moore, seconded by
Holbrook that the Consent Agenda, as read, be passed: carried, Allard,
Edmondson, Holbrook, Moore, Walker and Wonder voting aye on roll call.
Simmons absent. (Subsequent paragraphs preceded by an asterisk ( *) indi-
cate items on the Consent Agenda to be handled under one motion without
further discussion.)
*It was MOVED by Moore, seconded by Holbrook that the Minutes of the pre-
vious meeting, having been duly certified accurate by two Councilmen and no
one present wishing to have said Minutes read publicly, be approved:
carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder voting aye
on roll call. Simmons absent.
Mayor Edmondson proclaimed the week of June 27, 1977, as Arson Awareness
Week for the City of Yakima. Battalion Chief Ken Groth accepted the Pro-
clamation and informed Council that one -third to one -half of the fires were
caused by arson. The Fire and Police Departments are joining together to
form an Arson Alert for citizens to call in anonymously to give information
on fires which are suspected arson - oriented. The toll free number is 1-
800- 542 -7878.
This being the time set for the hearing on the 3rd Street crosswalk between
East Yakima Avenue and "A" Street, City Manager Eastman stated that the
lawsuit filed by Attorney John Moore on behalf the Independent Order of Odd
Fellows, enjoins us from finishing the work on 3rd Street between East
Yakima Avenue and "A" Street. The City can do two things. We can proceed
with the project as if this suit did not exist, as a temporary restraining
order was not ordered; or the City can decide on a minimum amount of work
that can be done, which would not conflict with the court ordered enjoin-
ment. The hearing on the enjoinment will take place July 6, 1977, and at
that time, the City will request that the plaintiff file a bond in the
amount of $10,000 or $15,000 for expenses which would occur if work is not
completed on schedule. City Attorney Andrews said that if the City pro-
ceeds to do work that is contrary to the request of the plaintiff, then
that work is done at the risk of the City and may have to be undone. Dave
Vargas reported that he had contacted the Yakima Mall Corporation and Sav
Mor Drug Store and learned that they had not met and did not intend to
meet. Mr. Vargas then wrote a memo giving suggestions which might resolve
the problem. Mr. Russi, owner of Russi's Yarn Shop on North 3rd Street,
spoke to this matter stating that a crosswalk in that area is very impor-
tant. Mr. Jack Smith, Manager of Bonanza 88Q Store, also spoke to this
matter stating it was important to the store to have the crosswalk and his
store will be remodeled to put in a back entrance to help the flow of
pedestrian traffic move from the parking lot located behind the store to
3rd °Street. Mr. John Moore, Attorney, representing IOOF and Scudder heirs,
came forward but declined to discuss the lawsuit. Mr. Moore stated that
nothing could be done with the Mall without going through the Bankruptcy
Court. Councilman Holbrook asked Mr. Moore if he had seen the suggestions
in. Dave Vargas' memo, and would they have a bearing on the lawsuit. Mr.
Moore answered that it might. Lee Semon, Jr., Chairman of DARC, speak-
ing on this matter, reported that DARC's recommendation is to keep the
crosswalk as close to the alley as possible, and that the farther north the
crosswalk is placed, the greater chance there is of people jaywalking. Mr.
Semon also expressed concern about the divider just north of the crosswalk
which would prohibit trucks coming out of the alley from turning left.
Councilman Moore stated that this was the reason for putting the divider
there, so trucks could not cross the traffic to make a left turn. It "was_MOVED
by Moore, seconded by Allard that the hearing be continued and that staff
not proceed with any work that might endanger the City's finances and that
staff ask for a bond from the people bringing the suit, which would protect
the City from any extra expenses that may occur from the delay on this
crosswalk, until this issue is resolved. Mayor Edmondson asked if it might
not be better to close this hearing and have another one later. City
Manager Eastman said the record would be cleaner if the hearing were closed
because of the time involved. Staff will proceed with the minimum amount
of work to make the conduits continuous so that the signals, etc., will
work. The crosswalk will be left where it is and if the motion is passed,
then about five feet of the sidewalk would be taken out so that the conduits
540
JUNE 27, 1977
will be installed and then it would be covered with crushed rock and a thin
layer of asphalt. It was MOVED by Moore, seconded by Allard to amend the
motion re the Third Street Crosswalk, to close the hearing rather than
continue it: carried, Allard, Edmondson,, Holbrook, Moore, and Wonder
voting aye by voice vote. Councilman Walker not voting due to conflict of
interest. Simmons absent. It was MOVED by Moore, seconded by Allard that
the Motion re the Third Street crosswalk, as amended, be passed: carried,
Allard, Edmondson, Holbrook, Moore and walker voting aye by voice vote.
Sommons absent. Councilman Walker notvoting due to conflict of interest.
Councilman Holbrook urged the people involved in the lawsuit to resolve
their differences.
Don W. Latham, 1420 Roosevelt Avenue, came before the Council with a peti-
tion requesting the City to retain the Litter Control Officer. Mr. Latham
said he had checked into the funding for this and said funds could be
available from the Slush Fund, the Contingency Fund or from the Federal
Revenue Sharing Fund. Mayor Edmondson said that she had received letters,
too, requesting Council to reconsider the Litter Control Grant. Councilman
Holbrook asked Mr. Latham if more petitions would be coming. Mr. Latham
,t said he could get more petitions if needed. It was the general consensus
of the Council to discuss this matter at the next study session.
It was MOVED by Moore, seconded by Holbrook that Resolution No. D -3718,
authorizing the City to execute a contract with Preston L. Shepherd and
Associates for professional engineering services for the resurfacing project
at the Yakima Air Terminal, be passed: carried, Allard, Edmondson, Hol-
bYook, Moore, Walker and Wonder voting aye on roll call. Simmons absent.
RESOLUTION NO. D -3718, A RESOLUTION authorizing the City Manager and City
Clerk of the City of Yakima to execute a contract with Preston L. Shepherd
and Associates for professional engineering services for Yakima Air Terminal
improvements.
*It was MOVED by Moore, seconded by Holbrook that Resolution No. D -3719,
finding and declaring the need for a housing authorizing and authorizing
the implementation of same, be passed: carried, Allard, Edmondson, Hol-
brook, Moore, Walker and Wonder voting aye on roll call. Simmons absent.
RESOLUTION NO. D -3719, A RESOLUTION finding and declaring the need for a
housing authority to function in the City of Yakima and authorizing the
implementation of such a housing authority.
**
There being no further business to come before the Council, it was MOVED by
Allard, seconded by Wonder to adjourn this meeting at the hour of 4:00
P.M.: carried, Allard, Edmondson, Holbrook, Moore, Walker and Wonder
voting aye by voice vote. Simmons absent.
READ AND CERTIFIED ACCURATE B / 7'
/ COUNCILMAN
, ',ATE 7 7
COUNCILM
ATTEST: AO
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CITY �s ERK � f MAYOR
* *Inadvertently ommitted -- City Attorney Fred Andrews reported
to Council that the Mayor and Chief of Policebaue been named in
a lawsuit re: impoundment of automobiles. Mr. Andrews requested
that the legal department undertake the defense of this case. It
was the general consensus of the Council to grant this request.