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
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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.