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HomeMy WebLinkAbout02/28/1972 Special Meeting / Regular Meeting r 326 FEBRUARY ,28 • - 1 ,.;;.; M.INUTESSPEC''IAL;:MEETING . YAK•IMA. CITY , CQUNC IL i. •..FEBRUARY •2'8', a 1972 .i !.. The City Council convened in special session pursuant to. due notice, at 1:30 P.M., February 28, 1972,..•n.,t1e.Conference Rooma City ri i... i Y. ..; ± ., i' • )...._ C ... .. . Councilmen :pres.ent.• the .meeti_ng.•were .Mayor,_Ber-t Broad_, .Wray„ :Brown; : Lenore_ : Lust, Walter Robinson,-Dore-Schussler,-and Bill- Whitaker,. =,_Also, pre.sen.t .were. Cty,_M.anager.:, . McMicken, City Attorney Andrews ,• Director of Planning, and.:Community Development Jay Otto'• and Administrative Assistant Jim Williams. Mayor Bert Broad:.as.ked forr.Councildiscussion regarding 'thelaner.i't; of .establishing photo..ar- chives for. the City. o.f.tYakima:..:: - E,,,.-... Jay Otto, Director of Planning and Community Development, presented his department's 1972 Work Program:.to the Council. ‘1:1 City Manager McMicken;,reques.ted .permission, to.; attend;'the• "M :I,T Pro. gram fo'r.:.Urban.•Exec.0 tives" to be held in June. This is the only such program for urban administrators. The special meeting adjourned at 3 :00 P..M. • _ REGULAR MEETING 7 FEBRUARY 28, 1972 3:00 O'CLOCK. P.M._ The City Council then met in regular session at the hour of 3:00 P.M., Mayor Broad presi- ding, Councilmen Brown, Lambert, Lust, Robinson, Schussler and Whitaker, City Manager Mc- Micken and City Attorney Andrews present on roll call. The Invocation was given by Councilman Lust•:•__ The minutes of the regular meeting of February 22, 1972, having been duly certified accurat, • by two Councilmen, and no one-present wishing to have said minutes read publicly, Mayor Broad declared said minutes approved as recorded. The following bids for the sale of $3,000,000 Park and Recreation and Fire Bonds, were re- ceived and opened on this date; February 28, 1972, at the. hour of 1:00 P.M., in the presence of City Finance Director Leonard Crose, City Clerk Marie Donelson and Mr. Robert 0. Yeastin;, representing Harper & Son, Financial Advisors for the City of Yakima: John Nuveen & Co. Chicago, Illinois 4.8195 % Ef.fective.,Interest,- Seattle - First National Bank Seattle, Washington 4.8199 % " Halsey, Stuart & Co., Inc. Chicago, Illinois 4.88231 % Marshall and Meyer Seattle, Washington 4.8994 % " " Harris Trust & Savings Bank Chicago, Illinois 4.9406 % " " United California Bank Los Angeles, California 4.95082 % " Continental Bank Chicago, Illinois 4.95181 % " The National Bank of Commerce of Seattle Seattle, Washington 4.99519 % " Pacific National Bank of Washington Seattle, Washington 5.037165% " These bids were then checked for errors by the City Finance Director Leonard Crose and Mr. Robert 0. Yeasting, of Harper &:Son. Mr. Yeasting reported that all of.th?bids were cor- rect and that the interest costs were tabulated and the bid of John Nuveen & Co., Chicago, Illinois, is the lowest and best bid with an effective interest rate of 4.8195 %. He fur- ther stated that the bids were very close and that all were excellent bids. Mr. Yeasting recommended that the bid be awarded to John Nuveen & Co. After due discussion, it was MOVED by Robinson, seconded by Whitaker that the bid to purchase $3,000,000 of Park and Recreation and Fire Bonds, be awarded to John Nuveen & Co., Chicago, Illinois: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. • It was then MOVED by Robinson, seconded by Lambert that the actions of the Staff in retur- ning •.Bade Bonds :'to -., the.;, unsuccessfulbiddersby. approved: carried, Broad, Brown, Lambert, Lust, Robinson,.Schussler and - Whitaker voting aye by voice vote. This being the time fixed for the Hearing on Resolution of Intention No. D -1798, to im- prove property by the construction of curbs, gutters and surfacing of streets: in accordance with Petition Nos. 679, 685, 705, 716, 718, 728 and 730, Public Works Director Dave Vargas reported on the percentages of protest that have come in and recommended that we delete the portion of the project of South 22nd Avenue from West Viola Avenue to. West Logan Avenue and amend the portion of West Logan Avenue from -South 20th Avenue to South 24th Avenue to read West Logan Avenue from South 20th Avenue to South 22nd Avenue. He explained that the en- tire west side of 22nd Avenue and north side of Logan Avenue, which is in the county, has been protested. Mr. Grant McDaniel, 2202 West Logan Avenue, stated that he owns property on West Logan from 22nd Avenue to a point beyond 23rd Avenue, and since he owns most of this property, he recommends that his side of the street be paved. Dave Vargas, Public Works Director, recommended against the paving of a half street, because the paved half • • ..32 9- FEBRUARY 28, •1972 would be 'unprotected;' and also because of - 'the 'difficulty - of getting the other half improved. Mr. Adam'Burchhard, 1319'South 24th Avenue, .spoke in of the improvement of West Logan Avenue. • Mr. Vargas questioned .the possibility of . combining the City and County sides of South 22nd Avenue and West Logan Avenue in computing the percentages of protest. City•At -.' torney Andrews explained that the engineers would have to recompute or average the amount of protests it would take - to protest this improvement out. Other property owners present and speaking to the matter were 'Mr. Richard Goodman, - Mr. Rollin:.Guthr'ie and 'Mrs'. Russell LaMon- tagne.. Attorney Tom Dohn'spoke on'behalf of a number Of property who are protesting the incluson_of relocating an old irrigation-line-in the work 'to be performed as part of the improvement of South 22nd Avenue and Logan Avenue,' and the expense thereof. Mr. •Dohn explained that these property owners would rather'arrange privately - for relocation and or reconstruction of said line, and are presently exploring the' possibility of forming a private water users for the' purpose of maintaining a private irrigation system to serve - those properties served by the existing line. :Public Works' Director Dave Vargas explained that the estimates that have been prepared do not contemplate the entire cost ;of' relocating. this irrigation line and that it would be paid' by the people:.whd own the tion line. City Attorney that the.Ordinance establishing the L.I.D. could be passed and that at the end of the 30 days time, in which property owners still.protes , there may be' the possibility' that the portion of the L.I.D. which includes this irrigation • line will be protested out. After due discussion, it was:MOVED by Brown, seconded by'Lam- bert that Ordinance No. 1390 creating L.I.D. No. 985, 1972'Street and Paving District, be passed as read'. 'Property owners present and,protesting the improvement of an alley between 7th and 8th Avenues from Chestnut to Walnut Street were Mrs. Rudolph Nystrom,•Mrs. Naomi '. Harris, Mrs. Frank Biles and Mrs. Lloyd Dorsett. Mr. Conrad Adler, 308 East "E" Street, spoke against' the improvement of an alley between 3rd and 4th Streets from "D" to ' "E" Street Mayor Broad then called for the:roll'call vote on the•MOTION to pass :Ordinance No.-1390 Cre- ating said L.I.D. No. 985 and it carried, Broad, Brown,- Lambert, Lust, Robinson, Schussler, and Whitaker voting aye on roll call. • ORDINANCE -NO. ' 1390 AN ORDINANCE providing for the improvement of certain streets and alleys by grading, ballasting, surfacing with asphaltic concrete and constructing concrete curbs and. gutters, together with necessary drainage ;features; establishing a. Local District, providing for the method of. payment thereof,' and a special fund. This being the dime fixed .for..a continUa.t.ion::o.f :the; Hearinge on - Propo:sed - Improvementsi o f,. "B. ": Street ands - Lincoln•, Avenue_, :Pub.li.c'_Works Dave.l :Varg.as l r.eporaed ±hat:_at She: Council's request" the.€1ty engineers. have gone.: back to:ahe. drawing board: and._made s:ome.t•.chahge•s on :the drawing for this project. He stated'that these changes include removal of a few trees,' taking out some sidewalk to:put in truck landing area and allowing some encroachments, these encroachments being .an_ existing loading: dock :owned by:c0._ .E: Hollingbery. &..Son, a:_boiler,':housr owned by ' Packng and Storage • Company: and, the building :owned: by.: :Uni.ted :S.upply Compan with ' an .encroachment . of :7. feet. 'Mr. Varga's� the changes in detail' referring to a corresponding drawing. •Mr.. :O. •E: , Hollingbery- Jr. ; ; ;bing' present ;* stated .that since the last Hearing,held.on.February 22,1972 it-,has been brought to his attention -that cutting_.his:: : dock :down , to 3/4 ;would': not ..allow, enough 'space'• :for a van• -to :.back' down... : :: He `further• stated. tha he has :failed to-find. a Solution to this'problem; and_ is requesting that the .City .Council , leave the 10 •:feet , of dock structure and, ramp as ; it: is;' Dave: Vargas,' ;_'.Public:' Works Director, explained that the reason Ale feels:the 10 foot.• projectionfwas»not::des.ir:able is :that .if: vans •:.back• :up , •the •ramp they -will have to drive. the wrong way on.: a one way street. to get.-up the:ramp. Mr.. Vargas questioned the pos,sibili.ty:_of a portable :ramp_b'eing used,' and < Hoh- lingbery stated that he didn't think it would be safe. City Manager McMicken stated that property owners with encroachments on City property sould be issued revocable permits. Mr. R. R. Sundquist,:-,Fruit & :.Cold , S:torage.Inc : :; stated' that: his only.'.pro.test was : that:of.t a lack of bus iness parking s :paces.'. ' Mr. :Larry Fr.ank, .Fruit and . -CoT'd. .Stor.age. concurred with Mr. Sundquist. and "stated-that Af the:proje.ct is .approved his company wants their loading shown„ on: the . drawing: . Mr. Vargas rephied: thatl they would :confirm this nwithr.Yakima Fruit and Cold. Storage at the time of; ::the final .design. :Councilman. :Robinson voiced:: his opposition to the inclusion of<.trees. and sidewalks in :this. project• :Councilman Lambert - .that she was solidly beh-ind.:,the,proposal as.. presented - b.y'.the : : :Staff*:Af_ter due :discussion; it - was MOVED by Lust, - seconded by Whitaker that the City .Council adopt:the proposed improvements. of "B" Street and Lincoln Avenue with the changes suggested by the Public Works Director Davei Vargas;'and that the encroachments of O.•E. Hollingbery & Sion, Prentice Packing and.Storage • Company' remain • at•-10 feet_. and, :;United - ,•Supply : Company remaain:tat 7 : fee.t, and said.: Companies be . issuedf.revocable.permits..' Lt.:wasi then MO.VED'_.by:Brown•; •:Seconded by`.Robinson:that:the above MOTION be amended to include the elimination of planting of trees from the proposed project; Brown and Robinson voting aye by voice vote. Broad, Lambert, Lust, Schussler and Whitaker' voting,nay by voice-mote MOTION : lost for - want•. - of a: majorityvote ::': . Mayor_. Broad: then - icalled for the voice. vote• -on.. :the previous..MO.TION,,::made by:C.ounc.ilman, L.us:t' :and : - seconded by.yCouncilman Whitaker and it carried.; Broad.',.•.Br.own, :Lambe ±,' :Lust :; Schussler:: .and`Whitaker:Tvotirng :aye:•by voice>.vote•. Robinson vot:ingL -nay: br :voice vote.. as City Manager McMicken brought on an off - the - Agenda item, that of the operation and..•lic.ensing of the Downtown Recreation Center, and referred the matter to Attorney Walter Dauber, who represents Michael;Hoff owner- manager: Mr Dauber :•explained( :thatias a result of a Hearing;: on February.• 2:2,.. 19.72, -: it wasdecided• that the-regulatory permits-,and l.icenses:for the• Down: town Recreation Center would not be revoked at thef :present time :,. but'• this.-bus irness::would:: be: placed on three month's probation. He further explained that one of the conditions of this probation . would •:be to.. al_ose, the�� premises ,, at 11 : 00- P. M..- on - Sunday through.. Thursday. nights and on :Friday and Saturday n.ights:, •unless'.'written.= approval: otherw.iseiby:: the Chief: :.of' Police: for .: Dauber stated.- his client wants.. to •appeal• so i tha.t. pers.ons.: over :.the age _ of .p will be ermitted •torema•in:in•,the:Downtown.' for .. - •- later hours . appeal-is based -upon the :fact •that iflthe Downtown is ;not permitted::to•. :rema.in:.open for.. later hours for adults , :it;will drastically curtail- income :andiw.ill probably : force:. the.: Downtown: :w out of business•: c HeAndicated many nights theydohave. after 11:00:_P.M;:. on': weekdays and after 1:00 A.M. on weekends. Mr., Michael Hoff reported that he chec]s clients individually and- asks. - for D. 'sor. :other .proof.":of age. :over: 16.1years; in carrying out. a.•cur- few. He further•..:reported. that this.ythethod of .checking - has° - been`ehforced with `great: success: Chief of Police Jack LaRue stated that his department would,like to see the prescribed rules enforced during the :.9,0- day;;probationr' period.:: - He .rfurther :statedrthat :he'.felt Mr...Hoff:s sys'- tem- of checking. his clients would - be _difficult with :crowds sof D200 : 300:people. - Mr• :.Dauber added. that theyifind ;it veryrdifficult_`to supervise :what :goes..onroutside of the :premises. Mr. Vere Lipscomb,' a. concerned!:citizen established that he. did :•not like the idea of Manager,. • and their employees. having to , maintain ;law - and•order :outside of their premises: City Manage McMicken explained that he had not given Mr. Dauber a chance to.defendchispoint'of view at • the time of the Hearing, and that he thinks the Council's collective judgement on this ap-. eal would be far better than an individual's. Council members recently elected indicating I 328 FEBRUARY.28, 1972 • that they would like to have more time . td review this subject, it was MOVED•by Robinson, seconded by Whitaker that the matter of an appeal by Michael' Hoff, owner_ manager of the Downtown Recreation' Center.,. be continued for one week or until March.6, 19.72:.. carried, Broad, Lambert, Lust, Robinson;' Schussler and Whitaker voting - aye by Vote.. The matter of a letter. received from Morris G. Shore •for'Cascade Security- Systems're - burg= lar alarm installation in.'the- •Police Department was brought on for discussion. Mr. :Shore being present and'referring•'to his letter of February 1972, explained that since October 12, 1971, he has corresponded with the City Attorney.and Chief. of Police dbricerning'the practice by the' Police Department of allowing private burglar alarm businesses to their alarm receivers' in = Police Station. He further explained that his client, Cascade Security Systems, requested this service and' was turned down by- the.':Police Department be- cause of a lack of room. '.Mr. Shore stated that it is their position that not only does thi•: free service to his Client's competitors constitute an unfair competitive advantage, but also the ins'tallation•of his' competitors' receivers and the'service of the same by the Po- lice Department is' illegal under the constitu.tiori .'of the State.' Mr. •Shore req sted that something be done as soon as possible to resolve - this problem. ' Police'Chief LaRue reviewed the history of the .alarm system and stated that his department would 'not object to the re- moval of all alarms except other government'agencies. Chief LaRue' reported that most large cities have given up the practice giving space to private businesses. City Attorney An- drews stated that the legal' problem' could be solved-by charging 'a fee t� the companies re- ceiving service. He furtherstated'that the problem is that-the Chief •of'Police is not sure whether or not he wants to continue any kind of signals. 'Council members indicated - they,would like a staff - report %On the problem. After due discussion, it was MOVED by go- . binson, seconded by LambertL that' this matter be continued for onet week or until Marche 6; 1972: carried, Broad,•Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice-vote. • _ A Damage Claim having been filed with the City Clerk on February 22, 1972, by Todd B. Smith 1107 South 45th Avenue, in `the' amount of $13'.13 for a garage :door damaged by the City .sarii= tation department, it was MOVED by Lambert, seconded by.Brown'that said Damage'Claim be re- ferred to-the :City Manager' and Staff for study and 'recommendation: ' carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker'voting aye' 1c) voice' vote. It was MOVED by Brown, seconded - by' 'Schussler *that -Ordinance No. 1391 authorizing'condeM-. nation proceedings'for ' a joint - City- County'improvement'project to widen and - improve a por- tion'of West Nob Hill be passed as'read: carried, Broad; Brown, Lambert, Lust, . Robinson, Schussler and Whitaker voting aye on roll call. • ORDINANCE NO. 1391,' AN ORDINANCE authorizing and directing the .City of the City of Yakima -and the Prosecuting Attorney of the County of Yakima to institute and prosecute let - gal .proceedings . for the condemnation and aequ.isition'of real property for a'public improve= ment project to consist - of the widening and improving of a portion of West Nob Hill Boule- vard South 44th'Avenue and South 48th Avenue in the'City of Yakima, Washington, for rights - to construct and maihtain'slopes for cuts and fills necessary in'connection with suc public improvement project,: and for the installation of curbs, gutters, sidewalks, drainage facilities and public utility facilities'related thereto; providing for the condemnation and taking of su.ch'real property and declaring the condemnation and taking thereof to be necessary public use required by the public interests; directing that compensation . for such taking be paid from the Urban Arterial Fund of the City Yakima; and declaring an emergency. • City Manager McMicken referring to the matter of authorization to: execute an Agreement and Supplemental Agreement with;L•andscape Architects and Environmental Planners, for improve ment of a City .park, it was_MOVED Schussler.', seconded by Robinson that Resolution No. D -1819 authorizing - .the execution of an Agreement and Supplemental Agreement with Richard Carothers Associates,. Landscape Architects and Environmental Planners, for improvement of Randall Park, be' passed..as read': carried, Broad, Brown, Lambert,' Lust, Robinson, Schussler and Whitaker voting aye on roll call. • City Manager McMicken explained that this Supple- mental Agreement spells out - the 'compensation for the'attorney and paper work to be" - done. RESOLUTION NO. D- 1819, A RESOLUTION authorizing and directing the City Manager and City Clerk of the.City of Yakima`to execute an agreement, and a supplemental agreement, with Richard Carothers Associates for landscape work for improvement'of Randall' Park. . City Manager.McMicken referring- to.the matter of authorization to execute a lease agreement for Computer'Center space in the Yakima County Courthouse, it MOVED by Robinson, secon- ded by Lust' that.Resolution No. D -1820 authorizing th.e..execution of a:Lease Agreement with Yakima County for leasing Computer Center space in the Yakima County Courthouse, be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye on RESOLUTION NO. D -1820, A RESOLUTION authorizing and directing the City Manager of the City of Yakima - to execute a lease agreement with Yakima County': Joint City - County Computer Center space in the Yakima County Courthouse. . City Manager McMicken referring to the matter of authorization to pay a Claim int'he amount of $25 to Yakima•School-District No 7, it was MOVED by Lust, seconded by Schussler that Resolution'No. D- 1821 authorizing said payment of $25 to Yakima School District No. 7 for damage to Hoover School property incurred during City's Recreation program, be passed as read: carried,''Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting roll call.. Park and Recreation. Director William Hutsinpiller explained that the City from - time to time will probable be'receiving claims'for'damages in this respect. RESOLUTION NO: D -1821; A RESOLUTION authorizing payment of $25 to:Yakima'School District 7• for damage - to. School District property' used for the City's-recreational program. City Manager.McMicken explaining that in connection.'with contemplated improvements to Mead Avenue, Offers .to-Sell"have been received from Vernon'S. and Mary Jane Monasmith and Gerald C. and Mary Yount - and recommending the purchase of said property,'it was MOVED by Robinson, seconded by that Resolution No. D -1822 authorizing the purchase of said right of wa: - property; - be passed as read: carried, Broad, Brown, Lambert,-Lust, Robinson; Schussler and Whitaker voting aye-'on'roll • • FEBRUARY 28, 1972 • r SOLUTION NO. D -1822, A RESOLUTION authorizing the purchase of right of way property for lead Avenue improvements. : After due discussion, it was MOVED by Whitaker, seconded by Schussler that damage claims nder $50 between the City of Yakima and the school district in respect to the Recreational Program be 'handled .administratively: carried, Broad,. Brown; Lambert,•Lust; Robinson, Schus- sler and Whitaker voting aye by voice vote. . II ity Manager announced the appointment of Robert F. Hilsmann,` of Seattle,•Wasl-iing ton,; as•'Personriel Director, effective approximately April 1, 1972. Mr. McMicken stated that Hilsmann.•was chosen from 30 applicants to replace Martin Friedline. ' City Manager McMicken requesting approval for out -of -State travel for himself to travel to Salishan, Oregon; .to attend the spring meeting of the Washington City Management Association, it:.was' MOVED by Robinson, seconded by Lust that said travel be allowed with'expenses paid:, carried, Broad;• Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye 'by. voice - ote. There being no further business to come before the Council, it was MOVED by Whitaker, se- conded -by Lust that' we do now adjourn at the 'hour of 6:30 P.M.:'carried, Broad, Brown, Lam - •ert, Lust,`Robinson, Schussler and Whitaker voting aye'by voice vote.'' ' . READ AND CERTIFIED ACCURATE BY • Si - DATE 3 - d - /0 7z, COUNCILMAN Al. Z.C}. DATE co G-72 • COUNCILMAN ATTEST: ::.• _ - • ' C I T Y C L E R K ... '. MAY O R - • • / : • • t r • • • • . . • • , , , . • . •