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HomeMy WebLinkAbout01/08/1962 Business MeetingI 22 JANUARY '$, 962 The City Council met in regular session, Mayor Bostic, Councilmen Barber, Keith, Larson, Lemon, Maxwell and Robinson, City Manager Smith and City Attorney Andrews present on roll call. The invocation was given by Councilman Lemon. The minutes of the regular meeting of January 2, 1962 were approved as read. In order to bring the matter of an agreement �,aith the Yakima County Fire Protection District No. 13 before the Council in accordance with action taken by,Council members at their regular meeting on January 2, 1962, a resolution authorizing said action was read by the Clerk of the Council and it was MOVED by Robinson, seconded by Larson that said resolution be passed-as read. Discussion followed and'all persons present were heard. Mr. W. C. Kunze, property owner in Fire District 13 stated that he felt that the people in the area expect to pay for the service received and ha ve tried to figure out a legal way to pay more than the 4 mills stipulated by statue. Mayor Bostic having asked if the people in the district had considered annexation to the 'City, was answered by Mr. R. G�//Stone, Chairman of the Commission for Fire District No.,13, who stated that he felt that annexation could be accomplished if the necessary time were taken to do the job and if the pople were approached in the right manner and not forced to take action. Mr. Joe Klingle expressed opposition to extending this service outside the city for less money than is paid by dity_r-esidents and expressed belief that this area should take steps to annex at once. Ma_y_or_Bostic stated that it is not an east matter to decide, that while he is not in favor of the city taking on this responsibility, he does feel that there is a moral responsibility which cannot be overlooked. Mr. Dick Smith, Secretary and Attorney for Fire District No. 13 related the history of the fire protection in this area and the formation of Fire District No. 13, point- ing out that the City Fire Department had taken over for a period of 5 months after Rural Fire Protection Inc., went out of business and had answered 8 calls during the 5 month period. He 2±am also pointed out that the Boise Cascade Mill received fire and police protection from the city, at no cost to them, prior to annexation and that their annexing to the city has cut the property valuation of Fire District 13 to a point where 4 mills will not buy equipment for the district and since''the district has done all it legally can at this time to provide fire protection for itself, he asked that the City Council authorize the agreement for a two year period, at the end of which time the situation could be reviewed. He also stated that the new By -Pass Highway will divide this area and will form a natural boundary for the city limits; that at this time property boundaries cannot be definitely determined and that.it will be easier to annex the area after the By -Pass Highway is established. Mr. Kenneth Briggs, Secretary of the Metropolitan Yakima Merchants Association, read a statement from the Chamber of Commerce Executive Board, urging that if the contract is negotiated, a study of the annexation feasibility be initiated immediately. Mr. Stephen Huza, former Finance Commissioner for the. City of Yakima., expressed opposition to furnishing.services outside'the city. Mr. Ed. Carroll a member of the Fire Depart- ment opposed annexing only to the By -Pass Highway stating this would only create another no -mans land between the highway and the river. He also suggested that this district consider a volunteell fire department by seeking the loan of a fire rig from the Yakima Department or renting fire equipment further suggesting that the city firemen train the folunteer fire fighters. Chief Moore urged the signing of the agreement because it presents and encourages the "right atmosphere for the growth of the community and will encourage annexation. Mr. Kenneth Groth, a fireman further explained the use of a. volunteer department and hoti•:r it could qualify for mutual aid from other districts and the city. Councilman Robinson explained that he believed that immediate annexation has not been fully explored and that he would like to offer the area 90 days free fire protection, during which time persons in the area. would try to determine the interest in annexation and the city staff could also work on the city's side of the problem. All persons having been heard both for and against this matter and Council members agreeing that more than 90 days will be needed to determine the annexation problem, it was MOVED by Keith; seconded by Maxwell that the motion to pass the resolution providing for the execution of an agreement with the Yakima County Fire Protection District No. 13, be tabled: / carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote, J It was then MOVED by Robinson, seconded by Barber that the City Attorney be and is hereby instructed to prepare the necessary legislation, to be considered at the next regular meeting of the Citv Council on January 15, 1962, granting fire protection for that area contiguous to the City of Yakima know as Iire istr t _1�3 and located south of the Boise Cascade Mill property to Lenox Avenue,/e p _ i isf -Dist t sQ 'or' until July -L, -, 1962', without cost -t:d. - sad d7':di's_tr�c't-, or,-. �t "3 residents: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice,vote. CD Moved by Keith, seconded by Robinson that Resolution No. D -349 consenting to the assignment of title and interest in the Avis Rent -A -Car System at-the Yakima Municipal-Airport, from Bob Mackey to David E. Campbell, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. RESOLUTION NO. D -3492 A RESOLUTION donsehting t�b the assignment from Bob Mackey, d /b /a Avis Rent -A -Car System, to David E. Campbell of Lessee's interest in an automobile rental business at the Yakima Municipal Airport. vVHEREAS, John Bourn, d /b /a Avis Rent -A -Car System entered into an agree- ment with the City of Yakima for an automobile rental business at the Yakima Municipal Airport, and WHEREAS, the said John Bourn has heretofore assigned all of his right, title and interest in and to said agreement and the said business conducted on said premises to Bob Mackey, d /b /a/ Avis Rent -A -Car System, which assignment has heretofore been approved by the City of Yakima., and WHEREAS, the said Bob Mackey, d /b /a.Avis Rent -A -Car System, has assigned all of his right, title and interest in and to said agreement and the said business conducted on said premises to David E. Campbell; and the City Council deems it in the best interests of the people of the City of Yakima to consent to ,such assignment, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City of Yakima hereby consents to the assignment of said automo- bile rental business at the Yakima. Municipal Airport from Bob Mackey, d /b /a Avis Rent-A-Car System, to David E. Campbell, and the_City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the consent of the City of Yakima to such assignment, a copy of which assignment is hereto attached and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this $th day of January, 1962. ATTEST: J. A. SMITH City Clerk (S E A L L THOMAS C. BOSTIC Mayor e rt,y ' 1 1 1 �I C 1 .I 1 253 JANUARY 8 1962 Moved by Maxwell, seconded by Keith that Resolution No. D -350 authorizing the execution of a sup- plemental agreement with the State of Washington, Washington State Highway Commission, to extend a- -city storm sewer through the Yakima River Dike, be passed as read: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye on roll call. Discussion emphasized that this is for storm drain only. RESOLUTION NO. D -350, A RESOLUTION authorizing the City Manager and the City Clerk to execute a supplemental agreement with the State of Washington, Washington State Highway Commission, to extend a. City storm sewer through the Yakima River Dike. WHEREAS, on the 14th day of August, 1961, the State of Washington, Washington State Highway Commission, and the City of Yakima entered into an agreement for the improvement of East Yakima Avenue from Naches Avenue to 9th Street in connection with the con- struction of Primary State Highway No. 3, N.P. Railway Overerossing to Terrace'Heights Way, and WHEREAS, in connection with said construction it would�be advantageous to the City to enter into a supplemental agreement with the said Washington State Highway Commission to have the State's contractor extend an existing 30 -inch storm sewer of the City through the Yakima River Dike, and WHEREAS, such a supplemental agreement has been prepared, a copy of which is attached hereto, and the City Council finds that it is in the best interests of the - people of the City of Yakima to enter into such supplemental agreement, now, therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to enter into a supplemental agreement with the State of Washington, Washington State Highway Commission to.have the Sta.te's contractor extend an existing 30 -inch storm sewer of the City through the Yakima River Dike, a copy of which supplemental agreement is attached hereto and by this reference made a part hereof. ATTEST:- J. A. SMITH City Clerk ADOPTED BY THE CITY COUNCIL this 8th day of January, 1962. (S E A L) THOMAS C. BOSTIC Mayor The Planning Commission recommending the annexation of certain property, as set forth in Petition No. 116 as filed by Howard S. Wright Construction Company and further recommending that said property be classified as B -3, General Business property, and Manager Smith having informed the Council that, in response to a letter from Mayor Bostic, Mr. A. W. Allen, Yakima County Superin- tendent of Schools and 111r. Lee Crossen, Chairman of the Board of County Commissioners, have in- dicated tha.t,in their opinion, the entire Review Board should not be convened to consider this annexation, it was MOVED by Larson, seconded by Barber that the City Attorney be and is.hereby instructed to proceed to annex the property between South lst Street. and Fair Avenue and Mead Avenue and Lindy Lane in accordance with Petition No. 116 and prepare the order fixing the date of hearing on said petition for the next regular meeting of the Council on January 15, 1961: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote. The City Engineer reporting the following estimate for work performed on City projects during the month of December, 1961: Kiwanis Park Well Valley Plumbing & Heating Pump & P,,mphouse $1,$33.42 it was MOVED by Maxwell, seconded by Keith that the report of the City Engineer dated January 8, 1962, with respect to the progress on this,:prbJ- ectr:be.approved and "the- progress estimate therein set forth be approved and payment of same be authorized: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye by voice vote. The Yakima City Employees' Civil Service Commission reporting that the term of office of Commissioner Norman R. Nashem, Jr., has expired on the 19th day of August, 1961, and in compliance with. the City Charter have submitted the names of rJorman R. Nashem, Jr., Vincent J. Beaulaurier, and Max Vincent in nomination for a six year term on said Commission. Moved by Robinson, seconder by Larson that the City Attorney be and is hereby instructed to prepare a resolution reappointing, Norman R. Nashem, Jr., to the Civil Service Commission for City Employees other than Police and Fire to serve for a period of six years commencing January 1, 1962: carried, Barber, Bostic, Keith, Larson, Lemon, hZa.xwell and Robinson voting aye by voice vote. City Manager Smith brought before the Council the matter of arbitration with Superior Asphalt & Concrete Company, the contractor duly engaged by the City of Yakima to construct certain streets as provided for in Local Improvement Districts 892, 893, 894, 895 and 896. Superior Asphalt & Concrete Company having filed with the City Clerk, on December 22, 1961, a "Notice of Intention to Arbitrate" concerning the work - performed under the contract awarded to them by the City of Yakima, City Manager Smith read, in part, City Attorney Andrews opinion on arbitration proceeding: Said opinion stating in part "that the demand to arbitrate made by the contractor in this instanc( is not properly made, inasmuch as the areas of dispute alleged in the demand for arbitration are not, by the very terms of the contract, subject to arbitration. ", and recommending "that the City follow this established legal and statutory procedure by submitting to the court this ques- tion of whether or not the demand for arbitration is properly made, by making a motion to stay the arbitration proceedings." and Manager Smith recommending that such procedure be followed, it was MOVED by Larson, seconded by Barber that the City Attorney and the City Manager be hereby authorized to move for the stay of'arbitration as recommended: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell-and Robinson voting aye by voice vote. Manager Smith also reported on his trip to Seattle to meet with the Association of Washington Cities Pension Study Committee which is making a study of all pension systems in the state and considering the possibilities of-' consolidating some of these system. He stated that they hoped to come up 'with. legislative recommendations by April 15, 1962. He also informed the Council that new route books have been put in use for the Garbage Department in order to establish a permanent record on the routes. There being no further business to come before the Council, it was MOVED by Larson, seconded by Barber, that we do now adjourn at the hour of 5:40 P.M: carried, Barber, Bostic, Keith, Larson, Lemon, Maxwell and Robinson voting aye ,hy :vo.- icecvo_tp. r 254 JANUAP,Y 8, 1962 ATTEST: ��- J�-TY CLERK MAY 0R =` The following was ordered added to the motion at the regular meeting of 1/15/62: "except the Fairgrounds property" [7 [I' L, 1