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HomeMy WebLinkAbout04/20/1964 Business Meetingr 536 APRIL 20, 1964 The City Council met in regular session, Mayor Larson, Councilmen Brazier, Kurbitz, Lambert, Lyncl Munger and Robinson; and City Manager Smith and City Attorney Andrews present on roll call. The Invocation was given by Councilman Kurbitz. The Minutes of the regular meeting of April 13, 1964 were approved as read. In accordance with action taken by the Council at their regular meeting of April 13, 1964 on the matter of the continuation of a Resolution vacating public utility easements with Weber Square Addition, Manager Smith informed the Council that the staff had not been able to confer with the attorney of the property owners and recommended that action on this matter be postponed until the next regular meeting. It was'the MOVED by Robinson, seconded by Munger that Manager Smith's request be complied with: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robin- son voting aye by voice vote. This being the time fixed for the hearing for the'Revision of the Six Year Comprehensive Program for the City of Yakima, and amending Ordinance No. 487 and the Municipal Code, it was MOVED by Lynch, seconded by Kurbitz, that Ordinance'No. 514 providing for said revision be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. Bublic Works Director Mayo gave a brief report on the revisions made in this program. ORDINANCE NO..,514, AN ORDINANCE adopting a revised Six Year Comprehensive Street Program for the City'of Yakima, and amending Ordinance No.'487 entitled "AN Ordinance adopting a revised and ex- tended Six Year Comprehensive Street Program for the City of Yakima, and Section 8.10.010 and .020 of the City of Yakima Municipal Code. This being the time fixed for.the hearing:on Resolution No. D 676 a resolution of intention to create a Local Improvement District for the construction of .curbs, gutters and surfacing on Tieton Drive from South 34th Avenue to point approximately 560 feet West of South 40th Avenue, it was MOVED by Robinson, seconded by Munger tha't-Ordinance No. 515 an Ordinance providing for these improvements and creating L. I. D. 920 be passed'as read: Under discussion Mayor Larson asked if anyone present wished to be heard on this matter either for or against this L. I. D. In answer to a protest of Gerald Jackson as to why a,few people on Tieton were being assessed for the arter improvement, Manager Smith stated that in areas where property owners have never paid for street improvements in the past, they are being asked to share in the cost of present improvements. He also stated that the city is sharing 75 percent of the cost through the half cent gas revenue, and the balance of 25 percent of the cost to be assumed by the property owners in the area. Other: protesting were Reverend Williams, West Side Baptist Church, Mr. Lloyd Shafer, Mr. George Sanford Mr. Marshall Smith and Mrs. Jones. Rev. Williams questioned the use of the term L.I.D. for the improvement of an arterial. He further stated that his church has been assessed for the im- provements on 34th and 35th Avenenues , that he felt two lanes sufficient for the needs of the area, and that the construction project would be a disimprovement rather than an improvement t0 the area. Public Works Director Mayo stated that the installation of curbs and gutters would be beneficial to the area in that it would provide adequate drainage system which would prevent muddy shoulders, also help in having better driveways and make it easier to landscape. Mayor Larson stated that although he sympathized with these protesting, nevertheless the`.arter2alrim- provementt.is necessary in order to assure the efficient flow of traffic. Lloyd Shafer cbmplainedc_i because of city participation in the financing of this project that the residents protests would r be able to vote L.I.D. out. He felt this was undemocratic and asked the Council how they could justify.this type of procedure. Councilman Robinson informed Mr. Shafer that State law permits tY city to participate in financing arterial construction through the half cent gas revenue, and that according to legal opinions of the State Attorney General and the Association of Washington Citie: it is valid for the city to participate. He informed those present that only written protests are accepted as valid, and for this particular L.I.D. they amounted to 27 percent. All persons having been heard Mayor Larson asked for a roll call vote on the motion: carried, Brazier, Larson, Lambert, Lynch, Munger and Robinson voting aye on roll call. Kurbitz voting Nay. Councilman Brazier stated that although he was voting yes, it was done reluctantly, and would hope that this type of procedure would be tested in the courts to see if the legal opinions mentioned are valid. Councilman Kurbitz stated that although he had voted for the Lenox Avenue improvement that he now agrees with thosepresent that the city's participation with residence which limits the percentage of protests is not a -, fairc�policy'�l; , ..Mayor Larson stated that in voting aye for this improvement he felt he was voting for the people, as ar6terials are necessary and for the benefit of the citizens of Yakima. ORDINANCE NO. 515, AN ORDINANCE providing for the improvement of certain property by grading, ballasting, surfacing with asphaltic concrete, constructing concrete curbs an gutters, together with necessary drainage features; establishing a Local Improvement District, providing for the method of payment thereof., and creating a special fund. This being the time fixed by the City Council for the hearing on Assessment Roll for L I D No. 904 as created and established by Ordinance No. 394 .Edgecliff Manor Sewer District, and there being.no protests in writing or otherwise, it was MOVED by Munger, seconded by Lynch that Ord. No. 516 confirming said assessment roll and every part thereof be passed as read: carried, Brazier Kurbitz, Lambert, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE.NO. 516 , AN ORDINANCE confirming the assessment roll covering Local Improvement Distri No. 904, as created and established by Ordinance No. 394 of the Ordinances of the City of Yakima. This being the time fixed by the City Council for the hearing on Assessment Roll for L I D No. 908 as created and established by Ordinance No. 410, Horizon Heights Sewer District, and there being no protests in writing or otherwise, it was MOVED by Munger, seconded by Lambert, that Ordinance No. 517 confirming said assessment roll and every part thereof be passed as read: carried, Brazier, Kurbitz, Lambert, Lynch, Munger and Robinson voting aye on roll call. ORDINANCE NO. 517, AN ORDINANCE confirming the assessment roll covering Local Improvement Distri No. 908 as created and established by Ordinance No. 410 of the Ordinances of the City of Yakima. It was MOVED by Robinson, seconded by Lynch that Petition No. 262'as,'filed by Howard F. Farnswor and others praying for the Annexation -of certain property between Chestnut and Tieton, and 46th Avenue and Glenside, icnluding the Glenside Shopping Center be refQrred to the City Manager and Planning Commission for study and recommendation: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson. Mr. Bob Reesman asked the Council why Manors Lane had not been considered for this annexation, and the Council invited him or others to initiate proceedings for annexation for all or any part of the property referred'to. 1 t 1 l J 537 APRIL 20, 1964 Moved by Lynch seconded by Robinson -that'Ordinance No'. 518, authorizing and directing the City Attorney to institute condemnations proceedings to acquire right of way for the widening of Lenox Avenue be passed as read: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye on roll call. In discussion Mr. Robert Reesman questioned the necessity of a parking lane on Lenox, stating that it would be less expensive if this lane was eliminated from the proposed improvement. Public Works Director Mayo stated that the Parking Lane is being provided because much of the area is* commercial and there is a very little off street parking there, and also many of the residents in the area require the parking lane. Councilman Robinson pointed out to Mr. Reesman of the many protests received when not providing a parking lane on Lincoln Avenue. Mr. Huah Thomas favored the improvement of Lenox. ORDINANCE NO.-5-18, AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima to institute and prosecute legal proceedings for the condemnation and acquisition of real property for the widening and improving of a portion of Lenox Avenue. Avenue and the installation of curbs, gutters, sidewalks, drainage facilities and public utility facilities related thereto; and for the widening and improving a portion of North 3rd Avenue, also called Broadway, and the installation of curbs, gutters, dranage''facilities and public utility facilities related there- to; providing for the condemnation and taking of such real pro0erty and declaring the condem- nation and taking thereof to be necessary for public use required by the public interest; and directing that compensation for such taking be paid from the Arterial Street Fund of the City of Yakima. MOVED by Munger, seconded by Lambert that Resolution No. 681 a resolution transferring the sum of $1,000.00 within the 1964 appropriation for 39, Yakima Municipal Airport, be passed as read: carried, Brazier, Kurbitz, Lambert-, Larson, Lynch, Munger and Robinson voting aye on roll call. Manager Smith stated that the runways'at the airport are in need of much repair. The repair work consisting of cleaning out cracks'on runways and taxiways. Mr. Eakin, Airport Manager, stated that anticipated welfare labor has not been available, and since rented equipment is on hand to be used at this time, it-has been necessary to hire men for this job. Manager Smith stated the transfer'of this money is required in order to pay for this labor. Councilman Lambert commended Mr. Eakin, on behalf of the Chamber of Commerce Airport Committee, for his fine work as airport manager. RESOLUTION NO. 681, A RESOLUTION transferring the sum of $1,000.00 within the 1964 appropriation for 39, Yakkma Municipal Airport. Gray & Osborne, Consulting Engineers having submitted to the Council copies of the summary of bids received on Monday, April'13', 1964, covering the proposed street improvement work on 16th Avenue from Lenox Avenue to Mead and Tieton Drive from 32nd Avenue to 42nd Avenue, and said engineers having recommended that - Yakima Cement and Asphalt Paving Co. low bidder, in the amount of $143,001.00 be awarded the contract, it was MOVED by Robinson, seconded by Munger that the City Manager be authorized to enter into a contract with said Yakima Cement and Asphalt Co. upon the filing of the proper bonds and insurance; carried, Brazier, Kurbitz, Lambert , Larson, Lynch, Munger and Robinson voting aye by voice vote. The City Engineers office having submitted to Council tabulation of bids received Monday, April 20, 1964 on the project entitled South 45th Avenue and various streets and alley projects, L.I.D. 913, and recommending that Superior Asphalt and Concrete Co. of Yakima, low bidder, on all three schedules be awarded the contract in the amount of $53,398.69,it was MOVED by Brazier, seconded by Lynch, that the city manager be authorized to enter into a contract with said Superior Asphalt and Concrete Co. of Yakima upon the filing of the proper bonds and insurance: carried, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. Under New Business Mr. Charles Countryman representing Mr. Al DeAtley, Superior Asphalt and Concrete askedtto be heard by the Council on the matter of the bid to the City by his Client for 1964 Street Department Hot Mix Paving Contract for various streets and alleys. Mr. De Atley , Sr. and Mr. Al DeAtley Jr. were''present at the Meeting. Mr. Countryman stated that his c1Lant's bid bond had not been returned and he assumed that this contract had still not been awarded. He informed the Council that his client's bid with the discount term, was the low bid and that the Council should take advantage of this discoun as it will be a savings of a alittle over $600 to the city , and further urged the city to us ctdiscounts, as other.businesses do. Mr. Ken Hawkins , representing Mr. Richard Hews, of Yakima Ceitent and Asphalt Paving also asked to be heard. Mr. Hews was present at the meeting. Mr. Hawkins stated that the discount terms are not workable on this project in that you are dealing with installations rather than materials which require city inspection and approval, and in order to insure proper workmanship of in- stallations it is necessary to have retainage fees. He further stated that according to Unit Price Yakima Cement and Asphalt would be the low bidder. Mr. Countryman was then advised that the awarding of the contract to Yakima Cement and Asphalt Paving was aprroved at the Council Meeting of April 13. Council stated it was :-not know why the bid bond was.not returned to Superior Asphalt & Concrete Co., and ad *ised the staff to look into this matter. Council also requested the staff in the future to return bid bonds immediately after the awarding of the contract to avoid such misunderstandings. After further and full discussion of the matter of discount terms on bids involving installations by the.Council and the contractors present, Council mand Robinson stated that in order for the city to protect itst f on projects involving installa- tions where city inspection is required and approval needed before payment is made to the con- tractor, that discount terms are not acceptable now, nor will be acceptable in the future on such bids. Councilman Kurbitz brought up the matter of the form given the contractor for their bid. He stated that he had looked the form over and it could be interpreted to indicatedthat discounts were acceptable, and if this is not the policy of the city, than it��how� ld not appear on the form as such. Manager Smith informed the Council that this is a generar -j "or bids, and they are also used 66r bids on materials, supplies and equipment where discounts are considered. The Council suggested that this form be revised to clearly indicate that discounts are not allowed on city projects involving installation where inspection is necessary. City Manager Smith having reported to Council that Chief Soderstrom had requested permission to send Captain Madden of the City Police Department to the Western State Crime Conference to be held at Eugene Oregon on May 226th through 29th, 1964, it was MOVED by Kurbitz, seconded by Brazi, that Captain Madden be authorized to attend this conference and that his expenses be paid. carri, Brazier, Kurbitz, Lambert, Larson, Lynch, Munger and Robinson voting aye by voice vote. There being no further business to come before the Council, by Brazier, that we do now adjourn at the hour of 11:15 p.m. Larson, Lynch, Munger and Robinson voting aye by voice vote. Attest : T'Y C L E R K it was MOVED by Kurbitz, seconded carried, Brazier, Kurbitz, Lambert M A Y 0 R I 539 APRIL 20, 1964. At the regular meeting of April 27, 1964, Councilman Kurbitz asked that the f_ollowin� information be recorded in connection nth the minutes of April 13 and April 20th with regard to the bid of Superior Asphalt Concrete Company in connection with the 1964 Street Deoartment Hot Prix Paving Contract to pave various alleys: r "that the bid submitted by Superior Asphalt read-05% if paid by the 10th of the following month' and did not preclude acceptance and inspection of the project11 N.D. L 538 1 1