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HomeMy WebLinkAbout10/29/1962 Business MeetingF, 370 OCTOBER 29 1962 The City Council met in regular session, Mayor Larson, Councilmen Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson, City Manager and City Attorney Andrews present on roll call. The invocation was given by Munger. IThe minutes of the regular meeting of October 22, 1962, were approved as cor..rected. Droved by Robinson, seconded by Munger that Resolution No. D -465 authorizing the settlement of a pending lawsuit between the City of Yakima and Howard Cooper Corporation, be passed ak F 1� votin carried, Brazier, Larson, Lemon, Lynch, Munger and Robinson voting aye on roll call./ �Dy ttorne, Andrews related that in November 1961, in response to a call for bids, Howard Cooper Corporation was awarded a bid for a Front End Loader to be purchased on a lease purchase plan by the City and that° -a City owned 1946 Yodel K -12 Insley Shovel was used as a trade -in on the new machine. When the Front End Loader was delivered to the City, it was determined by the staff that.the machine di( not meet the specifications and the City refused to accept and pay for it. He further explained that Howard Cooper Corporation insisted that the machine delivered did meet specifications and refused to repossess ind deliver a machine that would satisfy the City and in June of this year sued the City for the purchase price of the Hough machine. City Attorney Andrews further related that Howard Cooper has now found a customer to purchase this machine and has offered to settle this pending lawsuit by repossessing the Hough machine and to accept a Bill of Sale from the City for the Insley Shovel so that they do not have to take a loss on their sale of this shovel. He stated that this proposed settlement seems fair, inasmuch as the outcome of the pending case in court.is questionable since the main issues are factual and. subject to jury decision and also the case can be settled ,,rithout out -of= pockeCexpehse to the City. With regard to the loss of the value of the Insley machine, he stated that the market value of this machine is only:a few hundred dollars and that the favorable price of $2,000.00 received by Howard Cooper when they sold it to their customer was promoted by the fact that their customer utilized it with another machine to build one good machine. He also related that this settlement is favorable in view of the fact that while the Hough machine was in the City's possession . the f'be glass cab was crushed and damaged to the extent that it must be replaced and that tr,e/Fgg iR ab oximately $360.00 which is the loss that will be sustained by Howard Cooper Corporation in this settlement. Councilman. Kurbitz pointing out that the Council has been led to believe that our position is secure in taking this matter to court, questioned the advisability of this settlement and explained his vote against the resolution, stating that future bidders will get the idea that the City can be stampeded into settlements. Councilman Robinson explained that this claim has been on file for a long time and concurred with the recommendation of the staff in this action stating that he believed that bidder: will understand that the City is not a pushover in that they must meet specifications and that we cannot be stampeded. into accepting merchandise and equipment which does not meet our needs. Mayor Larson expressed belief that our position with Howard Cooper Corporation will be better in the future. . RESOLUTION NO. D -465, A RESOLUTION authorizing the settlement of a pending lawsuit between the City of Yakima and Howard Cooper Corporation. A resolution denying payment of a claim for damages filed. by John Edinger, Sr. having been read by the Clerk of the Council, and Mr. Edinger, being present at this meeting, members of the Counci: discussed this matter with the claimant. Mr. Edinger explained that on January 3, 1961, he rented a house at 721 West Lenox Avenue to a Mr. and.Mrs. Libby and th:�t when Mr. Libby applied for water service, the Water Department was asked to notify Mr. Edinger before the water was turned on so that he could be present when the water came into the pipes. He further explained that the faucets were open in the bathroom and kitchen because of the cold weather and that the Water Department Employee did not notify him until after he had turned the water on and by the time he could get to the house, which is next door to his home, there was an. inch of water thr_ok%�:h the house. He also related that the employee, Mr. Henry Luckett, who has since retired from City service, told him that he forgot to notify him before turning the water on. City Attorney Andrews explained that the vIater.Department records show that Mrs. Libby applied for water service at this address and that no instructions appear in the Water Department records to notify the owner before the water was turned.on. Council-members expressing the desire to obtain more information on this matter, it was MOVED by Robinson, seconded by Lemon that the staff check with the employee, if possible, and that Mr. Edinger furnish the City Attorney with an itemized statement for the $40.00 claimed: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. No motion to pass the resolution was made at this time. Manager Smith having requested that the Council deviate from the regular order of business `s.o that Public -:TJ;'orks Director Mayo might be excused.from the balance of this meeting, the final report on protests received on the proposed street project entitled Peach Ten and Various Others, L.I.D. No. 903, was considered. The 30 day legal time limit for protests to be filed having ex- pired on October 24, 1962, the City Engineer reported the following as protesting the various projects in this L:I.D: STREET IMPROVEMENT No. 54th Ave. 8,, Englewood Hill Dr. No. 47th Avenue Mavis Avenue No. 42nd Ave., Mary Lin Willow Street Hanratty Drive So. 28th Ave. So. 21st Ave. Plath Avenue Conestoga Blvd. Dr. and Barge Street So. 9th Ave. & S2 W. Chestnut St. (Petition withdrawn) East Washington St. Alley in Block 7 Alley in Block 355 Alley in Block 357 Alley in Block 288 2 Lots on Alley between 18th & 19th - Lombard Lane to Bonnie Doone OF PROTESTS 35% 32% 20% 0 0% 0% 7% Oo 100% 0% Oo Oo 5% 50% 0% This report showing 50% protest to the improvement of the alley in Block 288, it was MOVED by Brazier, seconded by Lemon that the Alley in Block 288 be deleted from this district and the City Attorney be and is hereby instructed to pre.pare'an_ ordinance .;amending - the'-'ord nancLz which creates L.I.D. No. 903, accordingly: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson nay. f 1 1 1 1 a� h voting aye by voice vote. /Public Works Director, Mavo explained the modification of plans for North 42nd Avenue, Mary Lin Drive and Barge Street and the City Council informally referred to the staff for study and report at the next regular meeting; of the Council, the legal aspects of deleting that portion of this improvement known as a portion of Mary Linn Drive and 42nd Avenue. The City Engineer reporting the following bids received for the proposed street improvement projects as provided for in L.I.D. No. 903: Superior Asphalt & Paving Co. $124,10$.49 Yakima Cement & Asphalt Paving Co. $126,297.70 and further reporting that both bids received are below the Engineer's Estimate and recommending that the bid be awarded to the low bidder, Superior Asphalt & Concrete Company, it was MOVED by Lynch, seconded by Lemon that this bid be awarded to Superior Asphalt & Paving Co., and that the City Manager be and is hereby authorized to enter into a contract on behalf of the City of Yakima upon the filing of the proper bond by said contractor: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. The `'ity Council then returned to the regular order of business and considered the matter of an agreement for the establishment of a Central Fire Alarm headquarters. It was MOVED by Munger, seconded by Robinson that Resolution No. D -466 authorizing the execution of said agreement, be passed as read: carried, Brazier, Kurbitz, Larson, temon,.Lynch, Munger and Robinson voting aye oz roll call. Discussion pointed out that 11 _fire districts are included in this agreement, that new Fire District No. 13, when operative, will enter into a separate and similar agreement, that the expense to the City of Yakima will be the modification of the alarm set up and the hiring of 2 additional men which will be off-set by the charges set forth in this agreement and the service: of the two additional employees and that this agreement, which is written for one year, will be reviewed each year. RESOLUTION NO. D -4669 A RESOLUTION authorizing the City Manager and the `'ity Clerk of the City of Yakima to execute an Agreement for the establishment of a central Fire Alarm Headquarters. A resolution authorizing the termination of a lease agreement between the City and Ray Horne, said lease covering certain space in the Administration Building of the Yakima Municipal Airport for the purpose of operating a gift shop, having been read by the Clerk of the Council, it was MOVED by Munger, seconded by,Lemon that said resolution be passed as read: This matter was then dis- cussed. Manager Smith related past experience with Mr. Horne indicating that his operations were far from satisfactory and that'he now has paid up back rent to November 1, 1962. He recommended that this lease be term-i.nated since it appears that there is no practical way of collecting any- thing in the nature of liquidated damages because of terminating the lease before it expires since the lesee appears to be on the verge of. ankr ,y). Councilman Kurbitz questioned the advisability of terminating this lease and suggested that Mr. Horne be held to the lease and that he arrange for a new operator to take over this business. Councilman Brazier also indicated that we should look to MrtCHorne for continued rent and to negotiate for a new renter. Councilman Lynch stated that /ii.s man is apparently insolvent and not operating this concession, it is to the best interest of the City to terminate the lease. Mayor*Larson concurred with Councilman Lynch. Councilman Lemon stated that this lesPe­ should not be let out just because he wantsout. Manager Smith indicated that he has tried to get Mr. Horne to assume responsibility in this matter without success. He further indicated that he has a prospective renter which he believes will be satisfactory. Council members indicating that they would be willi_ng/assign, this lease, it was then MOVED by Brazier, seconded by Lemon that this matter be continued until it can be determined whether or not we can find a new lesee: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger and Robinson voting aye by voice vote. Moved by Robinson, seconded by Lemon that Resolution No. D -46 transferring $4,000.00 within the 1962 Current Expense Budget to the Police Relief and Pension knd, be passed as read: carried, Brazier`, Kurbitz, Larson, Lemon, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -4671 A RE 'SOLUTION NO. D -467 transferring the sum of $4,000.00 within the 1962 appropriations of the Current Expense Fund. Moved by Lemon, seconded by Munger that Resolution No. D -468 transferring $2,164.00 within the 1962 Budget for Civil Defense, be passed as read: carried, Brazier, Kurbitz, Larson, Lemon, .Lynch, Munger and Robinson voting aye on roll call. RESOLUTION NO. D -4681 A RESOLUTION transferring_ the sum of $2,164.00 within the 1962 appropria- tion for 07 = Civil Defense Department'. Manager Smith reported that at 2:30 P.M. on Tuesday, the realtors of the Multiple Listing Board will meet with the staff in the Council Chambers for the purpose of discussing questions on the Street Bond issue which is to be voted on November 6, 1962 and requested that members of the Council attend if possible. There being no _further business to come before the Council., it was MOVED by Kurbitz, seconded by Lemon that we do now adjourn at the hour of 4:50 P.M: carried, Brazier, Kurbitz, Larson, Lemon, Lynch, Munger, and Robinson voting aye by voice vote. ATTEST: FA 414; Ordered corrected 11/5/62. X That "apparent insolvency" be substituted for the word bankruptcy.