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HomeMy WebLinkAbout05/03/1971 Business Meeting • 1'al • • MAY -3, .1971 - The City Council .met in..re.gular.. session,, ,.- Mayor_.Larson...presi.ding., .. Councilmen Brown, Keith, Lambert.,.- Lust, .McNeice :Robinson., ._Ci:ty :Manager:._McMicken _and ..City. Attorney present .on• roll.,.-call. • The .Invocation_ was . gi.ven...by . Councilman -Brown .. The minutes__.of._the .regular. meeting of : April 26, .19.71., :.:having.been..dulycertified accurate by two Councilmen,... and .no. one.. presentwishing_.to.._have.: said.. minutes read °publicly, Mayor Larson declared-said minutes .- approved. as .:.recorded. This being..the_ time:. fixed for .the.. Hearing - on Petitions...No.. :.681.. and No. '683, filed by Keith H. Foster, Lesley .M..Hansen,..Robert..Lynch and Ronald ...E::..Sargent,._requesting vacation of a portion of Marilane Avenue..... cul.. de...sac,._ Mr. JayOtto:,..Director.. of Planning and Community Development,. reviewed.. the... Planning: Staff..=. Report._ of. :.March.._26,..197.1,.and;..the Planning Commis- sion Minutes -.of..April_.6,•..1971,._as follows:_ .,The :PlanningStaff Report stated that this vacation has been proposed..in order to. permitthe approximately 116 feet east . of its present terminus.. The portion . of -rightof -way .proposed._to : be vacated is presently unimproved •and.property..adjacent to right.- of- wayonthe north and southeast is vacant, while a._single- familyresidence is:locatedon -the lot adjacent to • the right -of- way.on the southwest.. .Mr Otto ;stated.that:.the Vacation Petitions were referredto all City Departments.. invol. ved -.and._the..public;.utilities that. .would be..affected .by the proposed vacation. The four.public utilities involved, Pacific Power and.Light Company, Pacific Northwest Bell , ,Nob Hill . Water - ..Company and Cascade .: Natural • Gas. responded that the proposed vacation would_have_no.effect.upon_. their. services - and. therefore..expressed no objections -to the. vacation.... Ali.the.-City Depar.tmen.ts.._contacted in:.regard....to .the matter responded that they-had no objection to the. vacation .with° :the the Fire Department and the. Traffic. Engineering Division.of:.Public Works. Fire Chief Jules Shockley noted that the vacation of the_cul de sac ,and -the extension`of Marilane Avenue formed a dead =end- street that would•be.aver 400 feet..long.which would - 'create''problems for maneuvering fire depart- ment on the. street and stated that= _.tr.ucks: would have to back outthe' of the street :or use.a private driveway. in order turn around.. He - further pointed -out that most private driveways are not. designed. to' handle heavy loads and property damage could result. Al - Ray; Traffic- .Engineer':indicated that the proposed vacation of the Marilane cul de sac should not be permitted until alternate - ways-of egress from this • area have beem- developed and suggested suitable - alternates- couldbe.the'extension of Mari- lane to connect with_another through street or dedi'cation.of another'cul de sac. Otto reported that the Staff. recommended •that the. vacation:should.not be approved until a new cul de sac is developedor a suitable plan for°- the:.development of the orchard properfy is - submitted indicating an adequate street design~,:: that the development of a• cuh de sac .improvement'of :the- -through street should- :take place as possible and that in the future aVail•themselves, development. of- dead -end"streets should be' . avoided. 'Mr. Otto ° stated that the .Planning Commission reviewed the Planning Staff-report, listened to a-..lengthy history on:the.vacation . of the culode.sac-by. one of the-petitioners, Mr: Bob :Lynch, and . then. - unanimously approved thevacation.of the.Marilane cul de sac. Fire Chief Shockley, being present at this meeting, - stated that:he against the proposed vaca- tion and stated his reasons as reported in the Planning.Staff.Report. Council members . discussed .the: proposed .vacation.'.of. -the cul de sac: Councilman - Robinson:`stated that he can' t see .where -- in - vacating this, that .there t would be a great deal : of trouble . • After .due discussion, it was .MOVED by Brown,,. seconded by Lambert..that- OrdinanceNo.• 1303 providing for-said vacation, be passed as read' carried, Browne, Keith; Lambert, Larson, McNeice and Robinson voting aye on roll cal -l. 'Lust voting nay on roll call. • ORDINANCE NO._1303; - providing for the vacation -of portions of Marilane Avenue cul sac.;• Petition .No. -- -694 _having been..-filed with •the .City Clerk..on April 28.,1971, by: the Westmin- ster Presbyterian.. -. Church .,:requesting._.improvement°of property - by :.-the - construction of a sewer to serve the church. property .at --61st Avenue Summitview Avenue, it. was' MOVED by Robinson ,'seconded -.by -Brown that said Petition be referred to the City- Manager and Staff' for study and•recommendation.carried, Brown, - Keith, Lambert,.Larson,•Lust, McNeice and Robinson voting aye by voice vote. .. • • A Damage -Claim having been filed•with..the City Clerk- on.:April 26, 1971, by Sandra E. - Dallas of Portland., Oregon,.previously of..2207.Pence Road 1616- Gordon Road, Yakima, for damagesto'her automobile in:.the- amount:of:$436:80, caused as a result of'a City fire truck - maneuvering in an intersection at East-Walnut Street and South -3rd Street, it was MOVED b.y Keith seconded.by=.McNeice ;that said:Damage -Claim be referred -to the City Manager and Staff- for'study and-recommendation:-carried, Brown, Keith,- Lambert, Larson, Lust, McNeice and Robinson-voting aye. by - voice vote. • • -- . .. • • • • In,accordance with action taken by.._the Cty`Council.on...April.26, 1971, -and an Ordinance'• havingbeen . prepared prohibiting.. parking on'-a portion . of- Stanley Boulevard,-it was MOVED . - by Keith, - seconded by..Robinson.that Ordinance No :':1304 relating totraffic•control and prohibiting- parking on a-portion of•Stanley Boulevard,'be passed as read. Citly Manager McMicken reviewed the` discussion -at the previous'meeting. Several property owners in this 'area, being present and. speaking to this matter, we- re..Mrs. Thomas Kerns, Mr. Douglas . McIntyre and -.Mr. Don-Keith.. Discussion brought- -out that there -are presently traffic, as well other problems, which.it is.hoped"will be alleviated by. removing the parking as • recommended. Council members suggesting that parking' be prohibited on the West side of Stanley Boulevard from West Chestnut Avenue,`as it on the Eas side, and to a point • 610 feet south-of Laban .Avenue , ..and "recommending : that the proposed Ordinance be' so amended it was MOVED by Keith, seconded by Lust that Ordinance No. 1304 prohibiting parking on a • portion of Stanley Boulevard; which reads: . " (kkk)• The East side of ..Stanley'Boulevardfrom' West Chestnut Avenue to South 23rd Avenue and the West side of Stanley - Boulevard from Laban Avenue to a point , • feet south : "; _ be' amended .to read: "(kkk) The.East.side of Stanley' Boulevard froth We'st avenue to South 23rd Avenue and the West'side Stanley Boulevard from West • Chestnut. Avenue .to_ a point 610. feet South - of; Laban, Avenue. ", and it carried: .Brown,_ Keith, .Lambert, iLarson, Lust; McNeice .and Robinson voting aye by voice vo'te,. Mayor Larson then. called for the roll call vote. on. the Motion to pass said - • - Ordinance No. 1304 as amended and it carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson-voting aye on roll' call-. . • • AA x192 • MAY 3, 1971 ORDINANCE NO. 1304, AN . ORDINANCE •rela.ting....to..traffic .control;. prohibiting parking_:on a portion of. Stanley .Boulevard;. amending- LSection 975.. O4'0_.of..the. City-.of Yakima. Municipal Code; and declaring.•an emergency. Walker Martin,..Chairman..of. the..., Youth -. involvement =Study._Committee . to_create a...Yakima Youth Advisory Commission, ..being.. present,_. spoke` to this matter- ...... He . introduced . several_ members present who worked.. on__ this,..Commission. and..reviewed..; briefly ...the...,resul.ts..of their_:meetings . He stated .that they had:.worked..with Mr.:. Keith: anda1.the..C-ty-Attorney - in....pre.paring a proposed Resolution creating.. a_ Yakima. Youth:..Advisory. Commis:s°ion :end- '_reviewed- this resolution briefly stating that the. Youth.Advisory- Commission will be made'up of 15 young people from the.various schools, both private and public and it hoped they will get a wide variety of young _ people, wi.th..2.5...years....of..age .being. the maximum. Councilman Keith reported that - the Youth Advisory Commission .was..a very- hard- working group. and spent a lot of time on the matter. After due. discussion,. it was MOVED by Lust that. Resolution No. D -1644 creating a.. Yakima .Youth...Advisor.y•Commission, specifying its member Ship, provid- ing for its organization,. recognizing its authority=and•designating.its functions and duties, be passed as read: carried, Brown,.Keith., Lambert,'Larson,.Lust,.McNeice and Robin- son voting aye on roll call. . RESOLUTION NO. D -1644, A.RESOLUTION creatinT.a..Yakima Youth.Advisor.y.Commission., specifying its membership, providing for_.its organization, recognizing.... i.ts...authority..and designating its functions and duties. A letter having . been. received :from. Mr...J._ W. _ O1dham; Director,...Alcoholism.. Services., .Yakima . County Health District re Alcoholism and.referring to a .previous letter received from them concerning a plan for the apportionment of funds "to the Alcoholism Program, Council- man Lambert explained that would.like to sit down with the City Council and discuss thismatter and.answer.any questions regarding the- issue raising the amount to be given by the City higher than-the $4,000.budgeted for this program. It was informatlly decided that a meeting time will be-.set to discuss this matter. • City Manager McMicken referring.to the matter of the Bid:Award for Washington•Avenue • Arterial Improvement, reported .that bids were received and considered by a bid board on April 23, 1971, as.follows: Ray Weist.Construction Co. $2.40,895.00 . Superior Asphalt &. Concrete Co. 269,820.50 . Yakima Asphalt_Paving Co. 277,271.00. Public WorksDirector,_John.Mayo, reviewed the bid summary,. stating. that the low.bid is $29,000 below.the.second -low, bid, and that the City Engin'eer..and Public Works Director recommends that the bid of Ray Weist. Construction Co., the and best bid, be accepted and the contract be..awarded to said contractor. City Manager McMicken. referred to letters from Mr. Max Vincent, Attorney- for.Yakima Asphalt Paving Co.,:and Mr, Morris Shore, Attor -. ney,.of Velikanje,'Moore, Countryman.& Shore, representing Superior. Asphalt.& Concrete Co., re the matter of the Bid Board accepting the bid of Ray Weist Construction Co. at 10:03 A.M. on April 23, 1971, when the bid opening was in process, the first bid having been par - tially read. They believe that since the.Weist bid was-- received late, that it should not properly be considered. • City.Attorney..Andrews. referred to his Memo and Opinion on_,this matter.and._reviewed_the facts surrounding the bid opening and stated.that he has examined - applicable law on the question, of' whether the late filing of one of the bids invalidates it so that it -may not be considered in.determining the lowest and best bid. He stated that • in discussing the matter with various. City personnel involved, that no substantial advantage or benefit is incurred to the low bidder,.to the prejudice of others in this case and that it is his opinion that..the tardiness.in..filing the late bid may.be. -waived by.the City Coun- cil as constituting an immaterial variance from bidding requirements and. that- the.late bid maybe :considered :1n determining the lowest and best bid for the project—Mr. Warren Dewar, Attorney representing Superior.Asphalt - and-.Concrete Company, spoke against the bid being awarded t� Weist.Construction".Company, and:stated'that they feel the late bid should not be considered a valid bid and that -if the City Council did not.wish to throw out the . bid and'award the.contract to Superior, that they should throw out all bids and start over. _. Mr. Doug. Wilson, Attorney, representing Ray Weist Construction Company, spoke in favor of awarding the contract his_client and stated that the bid had been submitted a little late, but that the courier bringing the bid to the City had.been held up_in . traffic and was.a_ minute or so late and by the time envelope was stamped in,.it was . 10:03 A.M. as previously.stated.. Council members.asked questions.about the qualifications . - of Ray Construction and Public Works Director John Mayo stated that the Company is physically and financially able to do_this job. After'due discussion, it was MOVED by Robinson, seconded by McNeice that the recommendation of the City Engineer and Public Works • Director.be accepted. and that the.contract be.awarded to Ray Weist Construction Company in the amount of;$240,895.00, and that the City Manager be to enter into a con- tract with said.contractor upon the filing:of the proper bond and. insurance. A voice vote was called for and since the Clerk was unable to determine who voted for and against, a vote by roll call was taken, and the Motion carried, Lambert, Larson, McNeice and Robinson voting aye on roll call. :Brown,•Keith and Lust nay roll call. City Manager McMicken- referred the -.matter of the 1970 Report for the Fire Department to Fire Chief Jules Shockley who reviewed the 'report briefly far the... information of the City Council. City Manager McMicken.referred to the matter of the Status of.,.Community Relations.Program of the Police. Department and..stated that this will.be:reported on.at the next meeting. City Manager McMicken.. explaining.- .that - in.. connection. with the. construction .of a water trans- mission line to serve the City, and the resultingabandonment:.of the existing line from Oak Flats, itis.necessary that provision be made for supplying water to property owned.by Pacific Power and Light. Company,.which._property is.`.presently served by the line to be aban doned and the.City and Pacific Power- and_Light Company provide for such service in accordance with the provisions of...a proposed agreement, it was - MOVED by Brown','seconded by Lust that Resolution .No..D -1639 authorizing the executionof said Agreement, be passed as..read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson. voting aye on . . roll_ call . . RESOLUTION NO. D- 1639,.A RESOLUTION authorizing -and directing the City Manager and City Clerk to execute a. Water Supply Agreement with Pacific Power and Light Company. , . . . ' -4 93 • May 3 1971 ,.. . . - City .Manager -- McMicken. referring.. to ..the .matter . of authorization. to- convey City property to . Jerry Groenig in exchange.,for. :street =right- of- way,....and_ explaining..:..that...this is necessary to widen..a portion....of Webster... Avenue,'..: t'.'was :MOVED_.,by..Robinson., se.conded_.by: Brown that ' Resolution.. No -.. Dm16.40_..au.thorizing _.the :._conveyance. of :said ...property.,:,..be..passed as 'read; . carried,... Brown-,.. Keith..,.... Lambert -,_Lar.son McNeice.__and...Robinson :voting aye - on roll call. • . RESOLUTION NO... D- 1640.,... A. RESOLUTION. author -izingthe.... conveyance...of _.pr.operty owned-by the , City, of Yakima_. to Mr..._. Jerry. Groenig...- . . .- ..City..Manager McMicken.explaining.._that . the7ord inances;of...the. City have:..been codified, .indexed and.. published...by. Book..Publi.shing Company: and _b_y.__.Resolution. -.No ...D..- 1.301 , dated January 27, .1.969., _the,_.City...Council: °authorized` t-he..- execution of..-"an:.agreement_•to accomplish. this.,., and -that .i.t...i.s now...necessary. to same.-work to' be.::accomplished for the previous 12.month.period,.,..it. was: MOVED .by•:RObinson,...seconded:.by McNeice. that Resolution No. .D -1641 authorizing . the. hiring<.of: :the :printting .of :said :..supplements, to .the Yakima .Municipal . ._ .Code., - _withou:t...calling. for ..bi.ds, . be, 'passed as�.:.read carried., . Brown , .. Keith, Lambert, Larson, Lust, McNeice and Robinson..voting,:..aye on roll :..call. RESOLUTION_..NO.. D- 1641,,._.A-.RESOLU.TION_ authorizing. - the ._hiring.. -of...work.,...labor and materials .. .for. codi.fying-, .indexing_ and publishing- Yakima:: Muni.cipal.__ Code..supplements without calling .for : bids- _ . ...... ... ... . . . . - • . ' City Manager McMicken. explaining-that West'. Pacific... Air .l- ines-,..Inc..,....operates an airline :.. service at the- Yakima Municipal . Airport by: virtue of. an:. Airline_ ..Operators. Agreement dated . . _ May 25, .1.970, be.tween,West. .Pacific_ :Airlines; _:Inc;..,:.and:._the.....City .., .which :agreement ..provides for.,its• termination: on. ten days' `notice"by' either party and the .City -finds:it to be in ' the• best..interests of the City that said :agreement: be terminated,• ..it was`.MOVED by Brown, seconded by. Robinson, that... Re .solutionNo.D -a642.terminating said Airport. Operators.Agree - -. - . :. .ment, ..be.,passed ..as •read,:.. carried.; :.Brown:; Keith; :_Lambert,.....Larson.,.. Lust .and Robin- • son voting aye on roll -call. :Assistant City . -Mana.ger..:MartinFriedline reported....that City has .been .ap.proached by -.two other three.�- level.•.airlines.J nterested• in this type of . ..: operation.. ...... .RESOLUTION -NO.._ D- 1642., .A. RESOLUTION: terminating-.an_..Airport Operators Agreement with West Pacifid,Airlines, Inc....,..to operate an airline. service- at.the.Yakima..Municipa.l Airport. • _.- City Manager McMicken referred..to his .Report••No..,.114,.Computer. Applications; and'reviewed - this matter.for the information_of.the City Council. . City: Manager .McMicken .explaining ,that:- Offers :to. Sell. right. of,..way •prope -rty :for Mead Avenue . ...improvements., have. been received..from Leo W. &. John. G. Gr.owcock and Allard - , it was • .... MOVED .by Robinson,:,. seconded -by.. Brown that? Resolution No.• D -1643 authorizing the. purchase _. of - :said. right .. of property , .. be passed as read`: carried, :.Brown , .Keith ,. Lambert , .Larson,, • Lust, . .. ' McNeice.and..Robinson voting aye on roll •call.'. . RESOLUTION. NO. D- 1643,,A RESOLUTION-authorizing purchase of..right of.way property for .. • • Mead Avenue-improvements. • ' . ... .. City Manager. McMicken_ requesting. approval of out -of -State .Travel for.. Briice Belfield of the Fire.D.epartment _ to Eugene, Oregon and.for Leland Montgomery.of..the.Water - Treatment Plant . ._. .to travel to Los Angeles, California, it•was :MOVED--by -Lust, seconded'by.McNeice that said travel be allowed with the necessary expenses paid:: carried, Brown, Keith,' Lambertarson, Lust, McNeice and. Robinson voting-aye by - voice vote. .. An : off - the - Agenda:- itemG,:.being brought - on for discussion,....that of Petition No. 688, having • . _ been filed .with: the. City._.Clerk...on:May°' 3; .1971, by Glascam. Builders, _Inc.. , request . annexation.,of•property situated .at 58th and Chestnut Avenues, it was noted that the.. . ..._ Boundry Review. Board has.declared that a review is.-not necessary. It .was.then.MOVED by . .Robinson,.seconded by McNeice. that the Petition Annexation filed by Glascam Builders, Inc. -, being Petition No. 688; .be approved as meeting the. requirements' of law; and that said Petition be- r.eferred.to the_City Manager and...Planning Commission for study' • and ' -recommendation; and that May 17,.1971, be set as the date.for public hearing - by.the.City . .... . Council on this matter:_carried,.Brown,. Keith, Lambert, Larson, Lust McNeice and Robinson . . :. voting aye by.voice vote.. . . There being. no._further..business to come.before the,Council., it.was MOVED by.Lust, seconded .. • . by. Keith..that we. do.now.adjourn hour of 5:35..P carried, Brown-, Keith, Lambert, .. Larson, .-Lust, McNeice .and..Robinson: voting aye ::by..voice vote. READ.AND- CERTIFIED ACCURATE. BY -• , ' _ ... DATE• 1''`V '. Councilman -. • . • de),/7 • . . . Councilman . .. ATTEST: C I T Y 9 . / • .. , . •, • , - 4.- • . . .. • C L E R K - M A Y 0 R _