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HomeMy WebLinkAbout10/18/1971 Business Meeting 264 OCTOBER 18, 1971 The:City Council met in regular session, Mayor'Larson presiding, Councilmen Brown, Keith, Lambert, Lust, McNeice and Robinson, City Manager and City Attorney Andrews pre- sent on roll call. - - - • • • The Invocation was given by Councilman Keith. • The minutes of the regular meeting of-October _ 12, 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. • • • • This being the time fixed for the Hearing.on Petition No. 687, filed by Pat Roche, et al, requesting ,a- nnexation of property located southwest :of the intersection 1st Street and Old Town Road, and all proceedings having met the - requirements of S•tatu•te, it•was MOVED by Brown, seconded by Lambert that Ordinance No. 1348 annexing said property, be passed as read: carried,_Brown, Keith, Larson, Lust, McNeice and Robinson voting aye on roll call. . _ :- - -.; . . . . ORDINANCE NO. 1348; AN ORDINANCE-annexing property to the - City..of Yakima, - and - zoning said property. . This being the time fixed for the Hearing :on Resolution of Intention 'No. D -1725, -to' improve property by the a sewer in' =the vicinityL -South 1st Street and Mead Avenue in accordance with Petitions No' 708 - and 713,' it was :MOVED by =Lambert, seconded by Robinson that an Ordinance creating the South 1st Street and Mead Avenue Sanitary Sewer District, be passed as read. The City Engineer reported that three written protests•have•been received and the percentage of protests have been figured at 10.7 %. The City Clerk reported that after these protests were received and figured, more have been received on this date from Wilbur -Ellis Company, Harriett E. Mugaas, and Paul and•Grace Zimmerman.- It -was also reported that the property owners have 30 days in which to file written protests. Mayor Larson called..for:discussion'for and against the creation of the proposed L:I.D. Present and protesting this proposed sewer improvement were: Mr. Dick Smith, Attorney-representing Continental' Foods,. Inc., :Mr'.: George Hirahara' Mr :'`Paul Zimmerman, Maude Duncan, Mr. Cor- . nelius, and Mrs...Mugaas. Their main objections were that they felt the sewer was not neede. or wanted by them, but was built primarily to provide sewage disposal for one supermarket and two fruit processing plants in the area, and also that they feel the assessment charges are too high: Several of the property,owners indicated -that they had already previously • paid for their'share of'the 'sewer line recently constructed on Washington Avenue and do not feel that they . should - have to pay.- f orr . another '..one . Council ; members: indicated that they fee that with - so many people objecting<to... this proposed local'impr.ovement district, that when the property owners represented here who have not filed written protests do so, the per - centage of protests should come very close to the percentage that would say that another look at this matter should be taken. After due discussion, it was MOVED by Lust, seconded by McNeice that this matter be continued for two weeks to allow for further study: carried, Brown,'Keith, Lambert, Larson, Lust, McNeice and Robinson,voting aye by voice vote. It was also suggested by Council members that there might be . a different way in which this sewer can be furnished for the businessmen that want it without penalizing the property owners that don't want or need it and that the Staff should also look into this. Petition No. 719, having been filed with the City Clerk on October 13, 1971, by Darryl H. Jones & Others, requesting Vacation•,of a• portion of South 17th Avenue, it was MOVED by Brown, seconded by McNeice that the petition Da•rryl'H. Jones & Others, for the vacation • of a portion of South 17th'Avenue, as set forth :in Petition No. 719, be referred to the City Manager and the Planning for study and recommendation: carried, Brown, Keit , Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Dr. Donald McGuinness, Co- Chairman of the Parks Bond Issue Campaign Committee, being pre- sent, gave a report re their "Better Living for Everyone" pamphlet and-a progress report on the activities that have been carried on to this point. He stated that there are fifty people actively working in the program and approximately 500 people interested in working to get the Park Bond issue information out to the public. He explained in detail what will be done in the next ten days to get the campaign well started, such as: there are 16 spea- kers that are going out to 20 places to speak on this matter; they plan to have a mailer sent out to every household in the community; another handout will be given out by-,the school children the -last weekend before the election; there will be .lapel buttons available; there has been excellent.codperation by the schools in their art and poster classes; and that there are signatures being obtained to put in a newspaper ad the last week before the election. Dr. McGuinness stated that the Jaycees are also sending out letters and will hay:• a telephone campaign. He further stated that the schools are going to put on a telephone • campaign, calling all the parents four days before the election to give information on the issue and on the day of the election, asking them to vote. City Manager McM.cken pointed out that others working on this program are Ron Abernathy and Emil Kissel of the Parks De- partment and Jimmy Nolan, another Co- Chairman, and expressed his appreciation to all these people. Roger Farnam,, President Pro -tem of the Yakima Youth Commission, being present, gave a re- port on recent Commission activities. He reported that the Commission headed up a regis- tration drive for youth, and that they had three deputized registration clerks helping on this and as a result, Yakima County had the highest percentage of registered 18 -20 year olds in the State. He also reported that they have been conducting a radio opinion program on Station KMWX, and at the present time are working on a plan to submit to Director of Parks, William Hutsinpiller, re Chesterly Park. Mr. Farnam stated that they plan to lend their support to the Park Levy, that they hope to work with the Yakima Parks and Recreation Program, that they are going to continue to have voter registration programs, and are going • to urge the youth to vote. He reported that they are having a problem with their member- ship, that of the fifteen people on the Commission, an average-of 7 have been attending the meetings and they are trying to get a better attendance, by contacting the people that haven't shown up. Council members indicated their interest in the work that the Yakima Youth Commission has been doing and asked for suggestions as to how the manner for picking these representatives might be changed in order to get people that are interested in servin• on this Youth Commission. Mr. Farnam indicated that the Yakima Youth Commission will con - tinue to try to make the students in the high schools aware that the Youth Commission exist - and will continue to work on various projects and report back to the City Council from time to time. City Manager McMicken referred to the matter of a report on actions taken re conduct at the Downtown Recreation Center. He stated that in accordance with Council action of the prev- ious meeting of October 12, 1971, when a petition was filed by businessmen in the vicinity • 265,- • OCTOBER 18, 1971 of the Downtown, requesting that it be closed due to activities carried on the previous weekend, investigation has been made by the Staff and various persons are present to report on this matter. Mr. McMicken reported that there have been some meetings with progress being made in resolving problems and gave a brief review of the meetings and the investiga- tion. He stated that the center is attended mainly. by teenagers of all economic backgrounds and in analyzing the problems, it would seem that a curfew.of some kind is in order, as the Downtown has hours from 3:00 on weekdays and noon on weekends, and a closing time which is determined by whenever the people all leave. Mr. McMicken reported that' the center has seven different licenses for which it pays $885 yearly, and that the City does have some control over the business because it is a public dancing place. .He stated that the location seems to be a satisfactory one, all things considered, that there seems to be a need for the center for the youth to find the interests and the life style that pleases them, and'the'ob- jective:•of the City is not to put the Downtown out of business 'because of this for young people of all ages to meet, but they should make it work, as the City cannot or will not have such incidents as the one of a week ago. Michael Hoff, owner of the Downtown, spoke to the matter, expressing his appreciation to Mr.: McMicken for his suggestions and he indicated that meetings have been held with the young people for the past week, and the majority of them want to do something about the problems. He that three youth com- mittees have been :formed with six persons on each committee and that a representative from each of the three'committees is present to report on the progress being made. Present and reporting on the problems inside the center, outside the center and problems associated with law enforcement officers were Evelyn Dozier, Neila Roof -and John.Capp. It was noted by Mr. • Ron'Abernathy, who had attended one of the meetings with the.young people, that the three committees with six members each, represent some 200 people. Police . Chief Madden commended Mike Hoff in his effort to cooperate with the Police Department in working out problems with the young people and stated that he has recommended three corrective measures to Mr. Hoff; (1) have those persons 16 years of age and under leave the premises at 11:00 P.M., (2) close the Downtown at 1:00 P.M. on weekdays, and (3) hire a matron to help keep order. -Mr. Hoff stated that he is complying with the first two recommendations, and is considering hiring a matron on weekends. •City Manager McMicken stated that Chief Madden has advised him that Po- lice officers will be in closer contact with the Downtown in order to get acquainted and to head off trouble before it starts. Council members asked Mr. Hoff. if any contact had been made with the businessmen who had filed the Petition requesting that his place of business be closed down. -Mr-. Hoff reported that•he -has •discussed the matter 'with •Mr: Don Scott from Cascade Industrial- Loan, - who - -is in• favor of to work out the- •problems•'so that the •• • '' place can-be kept:bpen,.: and has- taken the•'matter to- the• Jaycees sand= they -have formed- a =com- mittee and offered to help. Mr. Hoff further - reported =tha•t he-has-discussed the problem with the manager of the Kings Den, who would also like to see the problem worked out, but he has not talked with anyone at Wagner ChevroletLor Wickstr•om- Motors. Council members indi cated that they will work with the youth in every way possible, and. are anxious•to'work but the problems, but don't condone any destruction, and would like to have further reports from the. Youth Committees. Council members= al•so•:i-ndicated •-that they feel that the-businessmen who filed the-petition shoo- ld•be apprised as - to• what is: being done that , the'�City is attemp- ting. to work. out the problems. City Manager' McMicken stated that he-will respond with a. . letter to the businessmen summarizing what has been - talked 'about this-evening.- No'formal • action was takenYon this matter• at' this time. City:ManagerlMcMicken•referred to -the matter of•authbrization• to execute Fire Alarm contract;. for 1972 -1975 with rural. fire districts and.•towns : of -Selah- and -Union Gap and. to this-Report #123, ..Proposed Revision to . Fire - Alarm Charges , ; -and - explained that • im accordance with Council action; on June 1, '1971; appropriate .agreements:• -have been prepared for- - : execiution.• He- further explained that beginning in 1972, the fire districts and ;two towns -wil•1 pay-Yakima $16,000. annually as their share of costs for use of the cooperative fire 'alarm system• provided by Yakima.... After; due discussion•, : it ;was MOVED by Brown, seconded by Robinson •that Resolution No.- D -1739• authorizing the execution o.f•' said contracts; be- passed as read: carried Brown; Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. • RESOLUTION NO. D- 1739, A RESOLUTION authorizing_ •the City Manager and City Clerk of the City • of Yakima to.execute•contracts for-the operation the ;Central Fire Alarm Headquarters. • City Manager McMicken refer-ring.t0-the matter of authorization for a temporary loan'from Water -Sewer Fund to the Southeast Community Center Fund, and explaining that the work is progressing.rapidly and additional money is required to- provide working funds to pay:Con- tract progress payments pending receipt of funds from the Department of Housing and Urban • Development, it was MOVED by Keith, seconded by McNeice that Resolution No. D -1740 authori- zing said temporary loan of $75,000, be passed as read: carried, Brown, Keith,•Lambert, Lar- son, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1740, A RESOLUTION authorizing a temporary loan of $75,000 from 463- Water- Sewer Fund to 381 - Southeast Community Center Fund, and providing for repayment. City Manager McMicken referred the matter of authorization to settle a pending lawsuit en- titled Morton vs. City of Yakima, in the Yakima,County District Justice Court, to City At- torney Andrews who reviewed this matter, stating that the City has been sued for $435.10 for what are two separate instances, but the basis of one lawsuit. He reported that the City crews were doing some work with the installation of a domestic water pipe with the result there was some rust and muddy water which escaped through to the system in the house and in a separate instance about 7.or 8 days later, the sewer backed up. In investigating to see if there was some relationship between the work•on the water pipe and the sewer backup, it was found that this was a routine sewer back -up which happened at the same time as the water incident. Mr. Andrews reported that the claimant did not call the City, no report was made, the clean -up work and other work in the basement was done by the occupants, and that this is a claim that through circumstances led to the lawsuit. Mr. Andrews further reported that after investigation and discussion, the plaintiff has offered to accept the amount of $250.09 in full settlement of the pending case and recommended'that the City Council accept said offer of settlement. After due discussion, it was MOVED by Robinson, seconded by Keith that Resolution No. D -1741 authorizing the settlement of said litigation and the payment of $250.00 to Mr. Morton, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, Mc- Neice and Robinson voting aye on roll call. • RESOLUTION NO. D- 1741, A RESOLUTION authorizing the settlement of pending litigation enti- tled Ralph Morton, plaintiff, vs. City of Yakima, defendent, in Case No. D 71 -0731 in the Yakima County District Justice Court. • City Manager McMicken referred the matter of authorization to pay an award for attorneys' fees and expert witness fees in the Lincoln'Avenue and B Street railroad overcrossing con - demnation cases and to dismiss a pending appeal, to City Attorney Andrews, who reviewed this r66 OCTOBER 18, 1971 . • matter. He explained that in accordance with a previous request by the Council -re these . • fees, every avenue of inquiry and investigation has been made nciuding :study of a recent state Supreme..Court decision in a similar case, which answers every argument in favor of • the property owners, and stated there would be little to gain by pressing the appeal. After due discussion, it was MOVED by Robinson, seconded by McNeice -that Resolution No. D -1742 • authorizing the payment of an award for attorneys' fees and expert witness fees and dismis- sing the pending appeal, be passed as read: carried; Brown, Keith, Lambert,- Larson,•Lust and McNeice voting aye on roll call. Robinson voting nay on roll call.. City Manager -Mc- micken reported that the state Urban Arterial Board is- considering picking' up per cent of the legal and engineering costs and explained-that it is through the efforts of Mayor Larson, a UAB member, that the UAB has decided to consider the claim of Yakima for funding costs incurred prior to any actual construction. Mayor Larson'stated that- he will report -.- back to the Council after attending a meeting of -the UAB'in Olympia this weekend. RESOLUTION NO. D -1742, A RESOLUTION directing the City Attorney to dismiss' the pending ap- peal from an order of Yakima County Superior .Court in Superior Court cause no. 53117,- in- volving Parcel W (Lovering- Hadd.ix, respondents) in the Lincoln Avenue _ and -B Street railroad overcrossing condemnation cases; and authorizing payment of an award for attorneys' fees and expert witness fees entered therein. 0 City Manager McMicken reported that Mr. James A.. Beckett has submitted an- outside utility request for service. to property located at 1314 S, 38th Avenue,_that this'application is for sanitary sewer to serve an existing single- family dwelling,'.and that the Planning Staff recommends approval,' provided the applicant complies with the following stipulations: 1'. The taps be made on the top quarter of the main line and at the extreme lower elevation of__ the lot; 2. A saddle be used on.the connection to the 12- inch -trunk line; and 3. A city in= spector is present to make a complete inspection of the tap and tie to the city line while the work is being done. After due discussion,'it was MOVED by McNeice, seconded. by Keith that said outside service be approved in accordance with the recommendation of the Planning Staff and the usual signing of an outside utility agreement: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. City Manager McMicken reporting•that offers to sell'right of way property for Mead Avenue Improvements have been' received from Claude'L. and Grace•Lowder and Irvin M. and Hertha Werre, it was MOVED by Keith, seconded by Robinson that' Resolution No.. D- 1743 authorizing the purchase of said right of way property, be passed'as read: carried, Brown, Keith, Lam- bert, Larson,•Lust,- McNeice and Robinson voting aye on roll call. • RESOLUTION NO. D- 1743, A RESOLUTION authorizing the purchase of right of way property for Mead Avenue improvements.' City Manager McMicken referred to an off the Agenda item, an Ordinance fixing'and levying the amount of ad valorem taxes for the'1972 Budget and'amending Ordinance No. 1346, passed on October 4,. 1971, fixing and levying the amount of ad vahr.em taxes for the 1972 Budget. He explained that revised information received from the Office of the Yakima County Assessor relative to the assessed valuation of property,. exemptions and relief - f-rom. taxes to be af- forded to certain persons under applicable laws, and activity of the County Board of Equal- ization, as well as recent information relative to the valuation of utilities by•the State* of Washington, now requires-the City of Yakima to make adjustments to the fixing and levying . of ad valorem taxes for the year 1972. He reviewed the current'status of estimated revenue and estimated expenditures the 1972 Budget and explained that in making. these required adjustments the tax rate will be raised 1 /100 mill or from 1 -5/10. to 1 -6/10 mills. After due discussion, it was MOVED by Brown,•seconded by Robinson that Ordinance No. 1349 fixing and levying the amount of ad valorem taxes for the 1972 Budget, be passed as read; carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting.aye on roll call. • ORDINANCE NO. 1349, AN ORDINANCE fixing and levying the amount of ad valorem taxes neces- sary to balance estimated revenue with'estimated expenditures for the 1972 Budget for the City_of_Yakima; and amending Ordinance No. 1346, passed October 4, 1971, entitled "AN'OR- DINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1972 Budget for the•City of Yakima ". There bein g no further business'to come before the'Council, it'was MOVED by Lust,, seconded by Keith that we do now adjourn at the hour of 10:20 P.M.: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by'voice vote.* • • � READ AND CERTIFIED ACCURATE BY e / 4 �o,� DATE / / • CO,' C LMAN • • !�= A DATE ��/ �/ COUNCILMAN 0 / • • • ATTEST: C I T Y • 7/ z , C L E R K .MAY O R • •