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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 0 _ _ , 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.