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HomeMy WebLinkAbout08/16/1971 Business Meeting • • AUGUST 16, 1971 r The City Council met in regular session, Mayor Larson presiding, Councilmen 'Brown, Keith, Lambert, Lust and McNeice, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Robinson absent on roll call, having been excused at the previous meetin•. The Invocation was given by Councilman :Lambert. The minutes of the regular meeting of August 9, 1971, 'having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. • It was MOVED by Brown, seconded by Lambert that Ordinance No.'1329.relating to the control or prohibition of unnecessary noise and amending. the- Yakima Municipal Code, be passed as read. Discussion brought out that this Ordinance was prepared in.accordance with action by the Council on June 21, 1971, when Petition No. 704 was filed by Don Conner & Others re questing relief from neighborhood noise pollution, and after study by the City Attorney. City Attorney Andrews explained that he has studied some literature and cases regarding un .necessary noise and the language in the proposed Ordinance refers to the matter of unneces sary noise as being that which causes discomfa t or annoyance to reasonable persons of nor- mal sensitiveness. He further explained that such noise control ordinances are within the jurisdiction of the City to adopt and are matters that Police power can enforce and that all ordinances of this nature are deemed to be valid unless there is some reason why they are shown to be invalid in defense of a case. .Persons present and speaking to various as- pects of this matter were Dale Austin, Tom Wilson-, Wesley Wilson and John Huck. Bob Wyatt and his son Jim'also spoke regarding noise pollution and its effect on the ears and the whole nervous system. After due discussion, Mayor Larson called for the vote on the•Motio to pass Ordinance No. 1329 relating to the .control or prohibition of unnecessary noise and it. carried:.Brown,.Ke.ith, Lambert, Larson, Lust and McNeice voting aye on roll call. Ro- binson absent. . ORDINANCE NO. 1329, AN ORDINANCE relating public safety and morals; finding and decla- . ring the control of noise to be necessary for the public health, safety and welfare of the people of the city; defining and controlling or prohibiting loud and unnecessary noise; de Glaring the making of unlawful noise to constitute a public nuisance and providing for its abatement ;' amending.Section 6.04.180 of-the City. of Yakima - Municipal Code;•and repealing Sections 6.56.100, .6.56:.120, 6,56:130;-6.56.140 and 6.56.190 of the rcity of Yakima Munici= pal Code. • Representatives of the Centralwashington•Fair.Board, Ellis Cummins, Daryl Leonard and J. Hugh King, being present, Mr. Cummins spoke to the matter of the street improvement project on .Fair .Avenue from Nob •Hill. Boulevard to .Pacific -:Avenue and urged that the City Council reconsider its decision made at': meeting of June -14, -1971, to decline by the County:to participate in this improvement. project. He stated that a new fence is going to be put in along Fair 'Avenue and if the City participates in this project and the asphalt overlay can be put on the »full street, it will eliminate a construction •joint • with the new construction and the old part of the road on the City's side, could not be avoided only one half, the. County',s side, were done at this time: • Mr. Hugh King stated that thecFair Board has been working. for a number '.of :yea•rs to have the east side of Fair Avenue paved. He explained some of the history of the Central Washington Fair and . pointed out that Fair activities also benefit the City of Yakima and urged that the City participate with .the do - .the •stree.t at the same Public Works Director Joh Mayo, explained the project as proposed stated• that the distribution !of an overlay is - desirable, which could be solved by an overlay or a seal coat to get rid of the joint. There was some discussion on financing the City's.portion of this project. City Manager McMicken explained that there is _not - $5,.000 left in the. street budget, -nor is the 1 /2C gas tax available .this. year under : the. :Six -year .Street. Plan and that :the money will have to be appropriated from _somewhere :else, probably from :the General Fund, as an add -on to the Coun ny contract under a reciprocal County -City agreement. Councilman.Keith indicated that he feels that the Fair-Board has not given.the.City enough time to plan -for financing this project, and that he does not approve. of the of . the trees as planned by the County Other Council members indicated -that although this is an awkward situation because there i- not money available in the street improvement fund, that eventually the street would have to be improved on the City's side and that now would seem to be the time to participate in the street improvement and have the street finished properly. Mr- :••Cummins' explained that the trees that have been removed were diseased or could not- :be irrigated,.that•there are plans to replace the trees along the Fair side of the fence and that they intend to beau- tify the grounds with additional trees. After discussion which brought out that if this project is done this year, that the overlay .program. for• 197.2 could be reduced. by the amount spent, it was MOVED by Brown, seconded by Lambert that the City participate with the Count, on the street improvement project: Fair Avenue from Nob Hill Boulevard to Pacific Avenue, with the understanding that whatever funds are expended this year will mean a debit against the funds..allocated in the' - 1972 overlay program:; carried, Brown;} Lambert; Larson, .Lust and McNeice voting aye by voice vote... Keith.:voting nay..by voice vote. Robinson absent. Mr. Cummins expressed the appreciation of the Fair Board 'for the decision of the City Council on this _ :_. G . Mr. Donald Lundberg, who recently executed a Lease agreement with the City for the Airport Restaurant, being present, asked if will-let him sublease. the Restaurant to Mr. and Mrs. Cecil Beauchamp-, as he sold the, Restaurant to them. He'explained that he had asked Mr; Beauchamp, who..was recently Manager of the Holiday Inn in Yakima, to manage the ' Airport Restaurant for him and as it turned out Mr. Beauchampii :the Restaurant from him'. He further explained that Mr. Beauchamp has been in the restaurant business for many years and is extremely competent, that he had paid cash for the Prime Rib and Is sel- ling on contract to Mr. Beauchamp, and is•willing stay on the lease secu- rity and be responsible financially. Mr. Lundberg stated that the reason for the request to;-•allow him to sublease is that the Washington State Liquor Control Board has granted the License . to him and there must be . a..:90: -day period .before : Mr.: Beauchamp .can apply for a tran-- fer. Council members indicating that they feel that decided at this meetin: , since it is the first.knowledge•+they. have of•the :)matter,- :and that legislation will have to be prepared for their consideration, it was MOVED by Lambert, seconded by McNeice that the Staff be instructed to prepare: the proper legislation for their consideration at the next meeting on August 23, 1971: carried, Brown, Keith, Lambert, Larson, Lust and McNeice votin• aye by voice vote. Robinson absent. Mr. John Huck.being present re the household Transit'tax', :•having made'a presentation at th :. meeting of•July 19,.1971 and being informed at that time that the'matter would be studied • • 24O • AUGUST 16, 1971 and a report brought back to the Council, again spoke + to -this matter stating -that he does not feel that the transit tax is being charged fairly when apartment owners are charged one 65 fee, which is the same as private householders. He further stated that he plans to cir- culate petitions to get the matter before the voters to repeal the transit tax. City Atto- ney Andrews explained that he has studied this matter.and met with :Mri.•Huck to discuss it further with him. He stated that he would like to have time to further study the matter to see if a means can be devised or a course of action can be makeLthe transit -tax more equitable as requested by Mr. Huck. Several Council members indicating that they concur with Mr. Huck in that apartment owners are not being. charged theirfair...share of the transit tax, but that they hope that he will give the City Attorney time to try to come up with a solution before circulating his petitions, it was MOVED by Lust, seconded by.Keith that this matter be referred to the City Manager and City Attorney-.for further carried,, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye ,by-voice. vote. Robinson absent. Mr. Huck stated that he still plans to circulate his petitions.requesting.the repeal of the tran- sit tax. A letter having been received from the Parks and Recreation Commission thanking the City Council for its decision to fund a year -round program of.re.creational activities, was read for the - information of the Council. • City Manager McMicken referred the matter of authorization to..execute.: agreement for en- gineering services with ABAM Engineers, Inc., to construct at -grade crossings at "B" Street' and Lincoln Avenue, and a separation structure at Walnut Avenue, to Public Works Director John Mayo, who explained the proposed projects which wi-l1 replace: the previously planned o- verpasses. He stated that it is necessary that the City hire professional engineering ser- vices for said projects and that ABAM Engineers, Inc., has offered .to.perform:-saiid services in accordance with an agreement with the City, which he reviewed. . Mr. Mayo stating that this firm has performed satisfactory services for the City previously and recommending that auth- orization be given to execute an agreement with said firm, it was MOVED by seconded by Lust that Resolution No. D -1707 authorizing the execution of said agreement, read: carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye on roll call. ' Robinson absent. • • RESOLUTION NO. D -1707, A RESOLUTION authorizing the City Manager and City ;Clerk of the City of Yakima to execute an agreement with ABAM Engineers,' Inc., for engineerin4 services in connection with improvements to railroad crossings. City Manager McMicken referred to the .authorization to execute a.Lease Agreement with the United States Government-for-Weather Bureau offices at the -Yakima, Municipal Airport and ex- plained that this is a renewal of the present lease agreement and:that a 46% increase of income has been negotiated and agreed upon by the Government. .After due discussion, it was MOVED by Brown, seconded by Lambert that Resolution 'No. D -1708 authorizing the exe- cution of said lease agreement, be passed as read:.carried, Brown,. :Keith;. Lambert, Larson,' Lust and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO..,,D- 1708,.'A RESOLUTION. authorizing and directing the City Manager and City Clerc of the - City of Yakima to execute a lease agreement with the United States Government for Weather Bureau offices at the Yakima Municipal Airport. : • City Manager McMicken referred to the matter of authorization to pay six Damage Claims and explained that these have been investigated and recommended, payment - 1. It was MOVED by McNeice, seconded by Brown that Resolution D -1709 authorizing the payment of $85.00 to Delmar C. Andersen in satisfaction of a claim for :damages caused when claimant tripped and fell on a crack in the city sidewalk, be passed as read: carried, Brown Keith, Lambert, Lust and McNeice voting aye on roll call. Robinson absent. • RESOLUTION NO. D -1709, A RESOLUTION authorizing the payment of $85.00 to Delmar C. Andersen in satisfaction of a claim for damages filed against the City. 2. It was MOVED by McNeice, seconded by Keith that Resolution No..D- 1710'authorizing the payment of: to Victor. V. Fluegge in satisfaction,of a claim for damages caused by a sewer backup, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye on roll call. Robinson absent. • RESOLUTION NO. D -1710, A RESOLUTION authorizing the payment of $106.81 to Victor V. -Fluegge in satisfaction of a claim filed against the City. 3. It was MOVED by Keith, seconded by Lust that Resolution No. - D -1711 authorizing the pay - ent of $6.50 to Claude Weaver in satisfaction of his claim for damages caused when.his ter cut her foot on glass in the Franklin Pool, be passed as read: - carried.,.Brown, Keith, Lambert, Larson, Lust and McNeice voting aye on roll call. Robinson absent. • RESOLUTION NO. D -1711, A RESOLUTION authorizing the payment of $6.50 to Claude Weaver in sa- tisfaction of his claim for damages against the City. 4. It was MOVED by Lust, seconded by Keith that.Resolutibn No. D -1712 authorizing the pay - ,ent of $45.82 to Gordon Hanson in settlement of a claim for damages caused by'a‘sewer back - up, passed as read: carried, Brown, Keith, Lambert, Larson; Lust and McNeice voting aye on roll call. Robinson absent. • RESOLUTION NO. D -1712, A RESOLUTION authorizing payment of $45.82 in settlement of a claim for damages filed against the City 'by Gordon' Hanson'. 5. It was MOVED by Brown, seconded'by Lust that Resolution No. D =1713 authorizing the pay - 'ent of $7.88 to Refugio Sandoval to pay for an unnecessary service call from.Roto- Rooter . hen they thought there was a sewer backup, be passed as read :- carried; Brown,- Keith, Lam - •ert, Larson, Lust and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO. D -1713, A RESOLUTION authorizing the payment of a damage claim to Refugio Sandoval. • 6. It was MOVED by Brown, seconded by McNeice that Resolution No. D -1714 authorizing the .ayment of $60.03 to Dennis L. Henneford'in satisfaction of his claim damages caused by ity police breaking his automobile windshield, be passed as read: carried, Brown, Keith, lambert, Larson, Lust and McNeice voting aye on roll call. Robinson absent. There was some • 24. AUGUST .16, 1971 discussion and questions regarding this damage claim and -City Attorney Andrews read memos from the Police Chief, Captain Metzer and Captain LaRue in which they recommended that pay - ment be made. RESOLUTION NO. D -1714, A RESOLUTION authorizing the,payment of $60.03 to Dennis L. Hennefor in satisfaction•of his claim for damages against the City. . City Manager McMicken referred to the request for outside 'utility service by Tony E. Stangl 4606 W. Nob Hill Boulevard and explained that this, property is included in a proposed an- nexation to be processed soon, but that Mr. Stangl has a sewer problem and needs service im mediately, and recommended that this outside utility service-be authorized. He further ex- plained that Mr. Stangl has signed an outside hookup agreement with the provision that if within six months there is an annexation, this will be reflected in his charges. After due discussion, it was MOVED by Keith, seconded by Lust that said outside sewer hookup be au- thorized as recommended: carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye by voice vote. Robinson absent. City - Manager McMicken referred the matter of awarding the Bid for the River Road Pumping Station to John Mayo, Director of Public Works, who explained that bids were received and considered by a Bid Board on August 10, 1971, on this project as follows: . Mountain States Construction Co., Sunnyside $137,550.00 William . Hilton, Inc., Spokane 143,101.35 George A. Grant, Inc., Richland 145,983.60, Enger Construction Company, Port Angeles 147,973.35 Equipco.Contractors, Inc., Ephrata 153,163.50 Gilbert H. Moen Company, Yakima 159,052.53 Lent's, Inc., Bremerton 166,260.82 Paul E. Hughes Const. Co., Inc., Tri- Cities 167,758.00 Zimmerman Construction, Yakima 167,840.63 Mottner & McCutchen, Seattle 182,453.25 Mr. Mayo reported that three of the bids were below the Engineers' estimate, that Mountain States Construction Co., submitted the lowest and best bid and that Gray and Osborne,::Con- sulting Engineers and the City Engineering Staff recommend that the contract be awarded to Mountain States Construction Co., subject to HUD approval. After due discussion, it was MOVED by McNeice, seconded by Lust that the recommendation of the City Engineers and Gray and, Osborne, be accepted and that the contract be awarded to Mountain States Construction Co., in the amount of $137,550,00, subject to HUD approval, and that the City Manager be authorized to enter into .a contract with said contractor upon the filing of the proper bond and insurance: carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye by voice vote. Robinson absent. City Manager McMickern reporting that Offers to Sell right of way property for Mead Avenue improvements have been received from John R. and Mary Alice Bond and Robert L. and Marjorie L. Marshall, it was MOVED by Keith, seconded by Lust that Resolution' No. 'D- 1715''authorizing the purchase of said right of way property, be passed as read:.carried, Brown, Keith, Lam - bert, Larson, Lust and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO. D -1715, A RESOLUTION authorizing the purchase of right of way property for Mead Avenue improvements. • City Manager McMicken referring to the matter of Certification by. the City Engineer and Cornell, Howland, Hayes &.Merryfield of the completion of work on Water Storage Facilities - Schedule P - Pipeline, and the recommendation that the work be accepted and final payment made in the amount of $24,887.15, John Mayo, Public Works Director, explained that this is the first portion of the Water Storage Facilities to be.completed and also recommended that payment be made. After due discussion, it was MOVED by Keith, seconded by McNeice that the report of Cornell, Howland, Hayes & Merryfield dated August 6, 1971, and the recommendation of Public Works Director John Mayo with respect to the completion of the work on Public Works contract, Water Storage Facilities — Schedule P — Pipeline, be approved, the work be accepted and payment of the final estimate as therein set forth'is hereby authorized: car- ried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye by voice vote. Robinson absent. City Manager McMicken reported on an off - the - Agenda item re the Y.V.T. Franchise. He stated that the City has received a response from their General Solicitor which says that Y.V.T. will most certainly wish to renew its Franchise, but that they will propose that the new franchise will not be put to the voters as they do not believe it is necessary that it be referred to the voters. Mr. McMicken stated that he has not responded to this letter as he wanted to report this turn of affairs to the Council and City Attorney Andrews wishes to further study this matter. He further stated that within a'week the City Attorney will re- port back an opinion to the City Council about the matter. No formal action was taken on the matter at this time. City Manager McMicken reported on another off - the - Agenda item, that of out -of -State travel for City personnel. He stated that the City Manager's will meet in Hollywood, Florida this year and there will be a charter flight out of Seattle which will save some money, with the rate to be $251. He also reported that Police Chief Madden requests that authorization be given for Tom Blesio of the Police Department to attend the Western States Safe Burglary Investigators' Seminar at Los Angeles, Calif., September 14 through 17, 1971 at a cost of $260. After due discussion, it was MOVED by Lambert, seconded by Keith that said requested travel be allowed for City Manager McMicken and Tom Blesio of the Police Department, with expenses paid: carried, Brown, Keith, Lambert, Larson, Lust and McNeice voting aye by voice vote. Robinson absent. City Manager McMicken reported that in accordance with action by the Council at the previous meeting of August 9, 1971, re the Building Inspector, Newell Pock's request for travel expenses for a portion of his proposed trip to Honolulu, Hawaii, to attend the International Conference of Building Officials, he has studied this matter further, and explained that as a member of the Board of Directors of the Building Officials that Mr. Pock attends one meeting in Convention with Conference and one other Board meeting at another date during the year. He further explained that the expenses have not been as great because the last Conference was in Portland, Oregon, and the other meetings that he has attended have been at I.C.B.O. expense. Mr. McMicken indicated that he feels that we are fortunate to have a man elevated to a position on the Board and have always paid the travel for those kind of events. He stated that Mr. Pock thinks he will be in the chairs of Vice President and then President, and that the I.C.B.O. will pay for the Board meeting, ,342 AUGUST 16, 1971 but not the balance of the - Conference expenses which. under'- a'_package plan will]. be $372 .and recommends that "this" travel be allowed." D.iJscussion by Council - members indicated that they do not feel that a precident should be set to pay all Conference expenses and that the total amount requested for the travel to Hawaii should not be allowed. After due discus- sion, it was MOVED by Lust, seconded by "McNeice 'th at'•thisLr.equest; for travel to Honolulu, Hawaii by Newell Pock, Chief Building Inspector, be denied. Further discussion indicated that it was felt that a certain amount should be paid on this travel, Councilman Lust with- drew his Motion' to deny" "the travel expenses, and Councilman McNeice withdrew his second to the Motion. It was then "MOVED by Brown - , seconded by'Lust' -that' travel expenses be 'allowed for this trip up to and including $100 as our share of the trip: 'carried,'Brown, Keith, Larson, Lust and McNe'ice voting :aye' by voice-Lvote:_• : Lambert voting: nay by voice vote :. - Ro- binson absent. • _ • " Councilman McNeice:king to be excused from the .next meeting .of August • 21, .1971, it. was MOVED by Keith, seconded by Lust that he be excused: carried, Brown, Keith; Lambert, Larson,, and - Lust voting aye by voice vote. Robinson absent. There being no further business to come before the 'Coiuncil;.it was MOVED by Lust, seconded by Keith that we do now adjourn at the hour of 11:20 P.M.::;.carr.ied., Brown; Keith, Lambert, Larson, Lust and McNeice' voting aye by voice vote_. .Robinson • absent . . • dir READ AND CERTIFIED ACCURATE BY DATE - 0.73 /• Ce 4 CILMAN I DATE •. . ; .. . / COUNCILMAN r • f • ATTEST: _ -- -' - _ • _ • C ,T Y , C L E - R K • . MAY O R • • • • • • • • • • • • • • •