HomeMy WebLinkAbout03/20/1972 Special Meeting / Regular Meeting 337
MARCH 20, 1972
. . MINUTES. OF_. SPECIAL.. MEETING
. _ • .. YAKIMA, CI.T.Y,•_.COUNCIL
. . . ...MARCH_.2D:,. -1972
The.,CityCouncil convened .in.special.session purs.uant.to.due notice.,.at..6:30- P..M., March 20
1972, in_.the Yakima..City. Hall. -
Councilmen.present . at the-meeting were Mayor Bert Broad, Wray Brown,,.Lenore Lambert, James
Lust,.. Walter Robinson, Don•..Schussler and Bill. Whitaker.. Also. present were City Manager ,
McMicken,..City Attorney Andrews ,.Administrative..Assistant Jim Williams and Refuse Superin-
tendent Dale Samuelson.
Refuse. Superintendent Dale..Samuelson answered questions regarding his department's refuse
collection policies. There has been._a natural increase in complaints and questions.due to
some recent. changes in _rates and...policies.
.Also. discussed.. was. the .possibility .of Charter:.. amendments in:.an. upcoming Election. The issu-
is raised...by _Councilman .Don...Schussler..who ques'.tions,.the necessity..of reading all legisla- ,
tion aloud.during.Council meetings..... -No firm decisions were made.
The. special meeting.-adjourned ..a.t. .8..:00 '.P.M.
. - _ .REGULAR_.MEETING: _.,...., MARCH..20 ,. 19:72.....- ...._..8.:..0..0. 0.'Clock. P.M.
The. City Council then. met..in..regular session .at the hour ..of 8:.00....P.M. , Mayor.Broad•.presid-
ing, Councilmen _Brown.,.Lambert,..Lust, Robinson, Schussler and. Whitaker., ,City Manager
McMicken and City.Attorney. Andrews. present. on roll call. ' .
. The. Invocation was..given. by Councilman Lambert. '
. . .The minutes.of the. regular_.meeting.of March 13.,1972,..having..been duly certified accurate
, by two. Councilmen,.. and..no: -one. - present wishing: to.have . -said. minutes read :.publicly:,. Mayor
. Broad.declared said minutes approved. as recorded.
. This •being the time fixed the Hearing'.on Petition .No. •712., _filed by Donald P. _Brule and
Others, requesting.annexation of 'property located on•'the,.west side of
Randall: Park-, Planning Director. Jay Otto..reviewed..this matter... stating that originally there
. was a_request for outsideutility...service; prior to annexation, in order to bring utilities
.to '.the...property .much sooner:.and. since• that ..time -they have been annexed. • He further explain-
ed that there was an .incorrect..legal description .and .that.:.it..has gone back to the .Boundary
Review Board and •been° corrected.. -Mr. Otto reported . tha.t:'the: Planning Department and Plan-
ning Commission.xecommended. that this. annexation..be'authorized...as corrected and be zoned
..Planned-Development, .Council•.members.:.reviewed the Planned.-Development Program and Plan .and
. discussed the.proposed.buildings..: After due .discussion, it was MOVED by Brown, seconded by
. Robinson'that.Ordinance No.. 1394,.annexing_said property be. passed as read: carried ;.Broad, •
. Brown, Lambert., - Robinson., Schussler and. :.Whitaker.:voting aye.. on roll _call. Lust not voting.
.' ORDINANCE..NO..1394,.AN ORDINANCE. annexing property to the City of. , and zoning said
property: . . '
' This .being the time fixed for .the .Hearing.-on .Petition..No....729 , filed by Pay 'N .Pak: Stores,
Inc. requesting..annexation -of property. located..at.1729 South First Str.eet,._Planning Direc-
tor .Jay .,Otto reviewed..this mat.ter_.stating . that .this has _:been. - before ..the Council previously
. . under: an,.o.utside _utility. agreement, .which..was approved ;'.prior to' annexation in order to
II bring utilities. to .the_..property much..sooner. He.,.explained that the. proposed commercial de-
velopment indicates..a.new.single-story commercial facility of 31,811 square feet, will be
constructed which will include 86- off - street parking spaces .and an outside storage area
. which.:.would be sight screened with an _.8= foot.. high chained..link .and: redwood' slat fence..
. Otto,. reported that the Planning - .Staff .and .Commission had recommended. that: the-out-
. side .utility services request.be._ approved' and. that the proposed commercial development at
1729 South First Street : =.be annexed with zoning B- 3,.*General Business Zone, subject to
the. applicant - agreeing .to.: . . ' - . .
. •. Dedicate: the necessary 3 feet .of : additional ...right- of= way....along the, north' side •
of Lindy Lane. .
2: Develop sidewalks along.both the•lst Street and Lindy. Lane frontages.
.3. Plant.street trees along.the.lst Street frontage. . _
Mr. : Otto indicating that' the applicant had .agreed..to :comply- with .the`..three items listed '
and: the outside hookup' request. had .been approved on :.this basis , it was MOVED' by Robinson,
seconded. by'Brown that...Or.dinance No 1395' annexing. said property, be passed'.as read: car
• ried, _ Broad, . Brown., Lambert, ' -Lust, Robinson, Schussler. and_ Whitaker .voting Aye on roll call.
. ORDINANCE NO. X1395, AN ORDINANCE..annexing property to the .City of. Yakima, and- zoning said •
property.
.
This being *the time fixed for.the Hearing on the Assessment. Roll for L.I.D. No. 981,:McCar-
. gar's Others - Paving• District..,.and_ there being protests in writing and
II . persons present to speak.. to _this.matter,.it.was. MOVED by Robinson, seconded by Lust that '.
. .Ordinance No. 1 confirming said ..Assessmen.t..Roll on-L.I.D. N�..981, be' passed' as' read:
..,Public Works_Director Dave.Vargas.,..read written, protests which had been filed with the
City" Clerk, from ..the. following: Mr." Lee '.Campbell, Glascam Builders, protesting the cost
and division of the . cost. on the' Barge Street• portion of . the improvement; Mr.' Douglas E.
'.. McVay, 603 N_."56th,Avenue, Reverend and Mrs. Russell,5 Hubbard, Sequimr, Washington,.prop-
. erty: "owners . in . th.e., :EnglewoodHill Addition.;. and Mr. William_ H_: Gray, Jr". , 5514 Englewood
Hill :Drive., .:al.l three protesting the_ increase in the:. charges from the estimate: Mr. Gray,'
. being .present,` also ' "stated. that- 13'5_ feet . of shrubbery on his{ property had been removed with
no offer' by the" City .`to . replace or.:compensate for it Mr Vargas_ stated that the cost is
. .less than the :..estimate .on...Mr:.. Campbell's property-, and explained. how the cost is` figured.
He referred to the. :written'.protests re the Englewood.Hill Drive area and stated, that this
is the only portion of the project where the actual cost exceeded the estimate: He explain-
.
. . ed that.the two_things made the cost higher on.:Englewood Hill Drive Portion were:
. 1.'. during. construction,. an old irrigation line was uncovered and that pipe had to.be re-
.paired; and 2. a storm drai line.had be constructed in excess of what had been
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MARCH 20, 1972
originally estimated. Discussion regarding.the the.removal.of the..shrubbery
from the Gray's..pr'operty brought.out.tha.t the normal procedure,is'to notifythe..property
owner, which was done.. Mr. Gray, Jr.,,. reported that'he had: asked.,.his. Mother. about the
shrubs and she stated that .they were not' given::.enough time..to._ make any . arrangements and
. . were not in :favor. of the ._ shrubs being :u. removed: :...: :Mr::.Vargas. stated. that...in .this... particular' '
case there considerable. conversation..with ,:the..S.taf:f., . a. number...of..phone. calls . and it
•
was finally . settled:.that ..Mr._..Gray.,. Sr., - (who . is now deceased) said...go..ahead and take it out. •
Councilman Robinson.. explained.. that... the:.City Council. sits:. -as . a..Board. -. of.-.Equalization and can
. make recommendation's ..regarding . loweringof assessments when_.they. .feel_. this... is. justified.
After due discussion,_. Mayor :Br..oad...-called .for.. the: roll call vote .on. the. Motion .to.. pass Ordi-
nance No..1396 confirming -the Assessment „Roll for L.I.D..No. 981, McCargar's Westside.
Tracts and Others. Paving ,District,.and,it..carried, Brown., Broad, Lambert, Lust, Schussler
and Whitaker ..voting aye .roll -.call,... •Robinson .not voting. because of a conflict of inter-
ests.
•
..ORDINANCE.NO...139,6,. AN ORDINANCE confirming the. assessment. roll covering Local Improvement
• District No, 981 as created and es.tablished_by Ordinance-No. 124.9..of the Ordinances of the
City of Yakima
An Ordinance appropriating and transferring .$3,000 to provide.funds for payment ofAgree -
ment for Technical Services with.. Battelle - Northwest, having been.read..in.its.entirety at
the previous_.meeting _ of March13, 1972, and being - - by Title only`at this..meeting, it
was!MOVED by Lust, seconded..by..Schusslerthat- Ordinance No. 1397 appropriating $3,000 from
unappropriated -money in the_ Contingency Fund and transferring that amount to.and.appropria-
. ting.it..for expenditure from City..Manager Department of the General Fund, be..-passed as
read: carried, .Broad, Brown, Lambert, Lust,.Robinson.,.Schussler and..Whitaker-- voting aye on
roll call
ORDINANCE NO.. 1397.,. AN. ORDINANCE. appropriating.the amount of $3,000 from unappropriated
money_in.605- Contingency.Fund and .- transferring_that.amount..to and appropriating' it for
expenditure from 012 -City. Manager :.Department. of 000 - General Fund.
It.was MOVED by Lust,.seconded..`by that Ordinance.No..1398 defining and prohibiting.
inattentive driving: and.. prohibiting ..stopping.or'leaving:vehicle so as to block or obstruct
. traffic, be-passed as read... City Attorney. Andrews referred to his.Memo which .explains in
detail the .reasons for this proposed Ordinance which proposes..to- amend..the. Traffic Code by .
adding two new s ections and repealing one existing section. He..reported that both of these
amendments .are_proposed.at the - ,request of the Yakima Police. Department and are the result
of a.study.by the Traffic and Police personnel. Mr. Andrews explained that :the Ordinance
would add a new section of the code to. .define .and prohibit inattentive driving, which would
be similar -to .negligent driving in many..respects b.ut is.a less serious offense than negli-
gent driving. He..further explained that the definition .of.inattentive driving would cover
some minor - traffic violations.which police officers are reluctant to charge -as "negligent
driving" because the..incident was not of.a serious na.tur.e'but which may .have. constituted an
actual r. potential. hazard to vehicular or pedestrian traffic, and that.the
ment feels that by adopting this .section'the driving public will be more fairly treat -
ed.and the Police .Department will have-a more useful tool for enforcing traffic safety.
Mr. Andrews reviewed the other proposed :amendment which would - prohibit blocking or obstruct-
ing vehicles traveling on a public highway, stating that the present section of the code
pertaining to impeding traffic by the leaving open of an 8 foot width for travel while
parking on a public,street, has-been found to be unworkable inasmuch as it does not ex-
.pressly..prohibit- .parking in..a..traveled way (such as double-parking in a street) if
an 8 foot laneis.left,opeh for cars pass, and the proposed new section and repealing -
. of the pr-esent.•section.will furnish the.Police Department with necessary laws to cope with
most cases falling .within this.category. Persons present and speaking:to this - matter were,
Jack Ridge, Phyllis,Nea1, Norma - Shiftner, Ed Walsh, who all :indicated'that they believe
. that the matter regarding the.inattentive driving should be- handled by the State Legisla-
ture through the State Traffic Code and not locally and that added burdens are .being placed .
on the, Police personnel.. ._ City. Attorney Andrews stated that Bellevue, Washington,.has. such
amendments and it has.worked out well.Hor them. Afterdue discussion, Mayor Broad called
for the roll call vote, on the Motion...to pass Ordinance No 1398 defining and prohibiting
. Inattentive driving and prohibiting stopping.or leaving so-as to block or obstruct
traffic, Broad, Brown,.Lambert, Lust, Robinson and voting -.aye on roll call.
•Schussler.voting nay on roll call..... It,.was pointed out that this Ordinance has an emergency
.clause and- since.an: emergency Ordinance must have.a - unanimous, vote of the City and
Councilman Robinson having voted on the prevailing side, it -was MOVED by Robinson, seconded
by Lust that this matter be reconsidered-at the present•time: carried,.Broad, Brown, Lam-
bert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. It was then MOVED
by Robinson, seconded by Lust that..Section 4, of the proposed Ordinance be to
delete. the emergency. clause_as_ written and. to read .as follows.: 4. This ordinance
shall beiin full.. force and effect thirty days after'its passage, approval and publication
as provided-by.law and by the CityCharter.": carried:, Broad, Brown, Lambert, Lust, Robin-
son and Whitaker. voting. aye. by - voice vote. Schussler voting nay by. voice vote.- Mayor
• .Broad :then:. called. for the roll call •vote ..on the Motion. to pass said Ordinance No, 1398 as
. . amended..and it -carried, .Broad,._.Brown, Lambert., Lust, Robinson and WYitaker voting aye on
•roll calla Schussler voting nay.on roll call.
..... ORDINANCE NO AN.ORDINANCE.relating to :traffic control; declaring it to be a. mis-
demeanor. to drive.a,vehicle . in.an . inattentivemanner on a public highway.so as. to block or.
obstruct traffic; adding Sections...9.50.053 and 9.50.110 as new sections of the City.of
Yakima. Municipal Code;. repealing Section 9.37.010 of the .City of Yakima Municipal Code.
It - was MOVED by.Brown, seconded by.Robinson_that Ordinance No. 1399.creating.and.specifying
the organization and functions of the.City Investment °Committee, be passed read: carried:
Broad, Brown., Lambert, Lust, Robinson, Schussler and Whitaker voting aye on roll call.
City Manager ..McMicken.explained.that this Ordinance amends the e - Yakima Municipal Code,to
_delete the Mayor as Chairman and.member.-of the Investment.Committee and substitutes the
'City Manager as. Chairman_ who may:delegate.'.in-•his.absence, and also designates that any two
members thall have. authority 'for decisions, which will make it possible for the Finance Dir
..ector and the City Treasurer to act during the month.instead of waiting :for one..meeting
each month. Mr..McMicken_further..explained that the City.Treasurer will make a. monthly
• report and the., Investment Report.as..has been.. done in..the past.
ORDINANCE NO. 1399,. AN ORDINANCE relating to city government. admhistration.; creating an in-
vestment committee, appointing.members thereto and specifying the organization and func-
tions thereof; and amending Sections 1.73.010, 1.73.020 and 1.73.030 of the City of Yakima
Municipal Code. -
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339
MARC H_ '20, 1972; :
A letter having ,been _. received from :Mayor Robert._: Mas .terman the proposed -
_ . water .system ..intertie, Ci.ty s-tated...that_..a week, ago..,, the.. City Council asked _
to reconsider the the informal ._;.decision._.to :... niake.: 'a _ ter >.sys.tem....,intertie ..with.. Union Gap . He
. reported thatrhe._ and.. ..Public.:.Works. -.Director.... Dave.; Vargas .,metwith::Mayor.,..Masterman and..related -
what some...of. the people... inn.,the_..Ctty..of Yakima: have .said .and.,. the..questions . that have...been
raised. regarding,.. the. proposed. intertie,._ ..Mr. McMicken then read the letter
._ . from Mayor .Masterman.'for..the benefit.. of: those present..,, which'__clar:if.ies : s'ome of the questions
..:. , that. have been brought. to.. the Cityy.. Co.unc:l.:'s :..Persons. present and:.speaking_. to
this mat.ter .were:.'Mr.. .Wesley..McLean.,: Sears: Lumber.. Marke.t,..who..sta:ted....that ..if 'there had been
. such. :an .'int:ertie' several.:_.y.ears.:.ago., :.their l.umber_:market :. might ._not. :have had..such ..a bad..fire;
. .Norma Shiftner-,:and .Phyllis Neal :, s. peakingf:or. the._interti.e;- ..and; Mr....Ed. Walsh- who asked. for
an explanat'ion .of .,j.ust wha.t.. is the :. inter.tie.,....Public ,Works Dave. Vargas, explained
. that Union .Gap .has sufficient. water : to..provide :domestic.,needs, but need -an .extra backup •
source for emergency_purposes, ..and.:-so. that...the'y will not :get ,deficiency .points-'from the. '
• fire rating..bureau, - .which.;will .also_mean....lower::.fire insurance rates for the of.- Union
. , . Gap.. He further._explained...that:. mechanically' :i:t,. is .a .connection :..of the two pipe systems.
_. It 'was brought out._ that - several.. years ago_,:... the City .had ..denied.:utilities - to the South Circle
. . Mall , ..which .delayed .the ..project .for ' several years :%. 'Council members reviewed this '
. and.referred to. the Comprehensive which a.strong central business. district
and encouraged- neighborhood shoppingcenters and the fact...that .the Downtown, Mall is -now
.. completed, the-situation is. .somewhat:..changed members further .indicated. that .they.
are in .favor.. the.; the_ waterfsystem intertie .with Union: Gap and :. the .intergovernmental coopera-
. tion. idea.,... There. -was. some:.discussion aboutthe-standby.fee of $30..:00 per month being too
low and that. perhaps a: fee. of $200 or .'$100 per month.should_.be: considered. City Manager
. McMicken. stated that. one.matter.tha.t.was:discussed with Mayor Masterman which..had..not been
_ included in .his•.letter,.was:that_ possibly the'agreement should be fora five -year term with)
.the:idea that it :could be .reviewed. at- that time for possible :changes. After due discussion,
it was MOVED by Lust, .seconded by -Whitaker - that:..the City Manager be : authorized to proceed
with.nego.tiations with Union Gap to extend a water :system intertie, with the'agreement to
. . be . for_ a .period of five .years .and the standby charge , to be, $200 per month. :Councilmen- .
• :. .Lambert..and..Robinson indicating.,that.they feel that• the $200 fee: is too high 'at -this time,,
.. it.was MOVED .,.by....Robinson,•seconded - by Lambert that the Motion be amended to change the re=
L .: -_... quested'' standby charge from_..$200 to $100 per :' month:. , carried; Broad; Brown, Lambert; - Robin-
. . son' Schussler .voting. aye by..voice vote. Lust; and :,Whitaker'voting nay by voice'vote. ' -
. . Mayor_ Broad.. then called. for the ,vote on.the' Motion- -that the City Manager be authorized to . ,
... prroceed with negotiations with Gap to extend water,system intertie providing.for •
s a.five -year term, _as.- .amended..with. the, standby fee to be $100 per month, and it' carried, '
.Broad,..Brown.,.Lambert, Lust, Robinson, Schussler and._ Whitaker' voting aye by voice vote: - '
. City ManagerMcMicken- reportedon_ an: -.. off - the - Agenda_ item stating -that bids -were submitted
and :..considered. :by the Bid . Board on. March , 16 19 Z2 ,• on the Miller Park Bathhouse, project
as follows .. . , .
H. ;'J... Templeton. _ $ 97, 747' :00 '
_ ' .Geo'rge.J.. Sevigney Const: , Buena • 98,000.00' '
- :Hill's'Construction.Company - - 98,700.00 :
Corpman :Construction 10.1,99'0.00-
. . Gilbert H. Moen.. Company ` 104,700 :00 .
The ..City Engineer and Do.udna- Williams , : Architect m
s ; recommending that the.- bi•d.,:be .,awarded to
... H.. :, :.J..Templeton,. who submitted the'lowest and best bid, it :. :was..MOVED.by :Robinson, seconded
.. . by- Whitaker .that the recommendation: of,.the City Engineer "and the Architects, Doudna ' &'
Williams,. accepted and._ that .the:contract..be.awarded.to H.' - J. Templeton; in the amount of
. $97,747` :.00, and that the Ci_ty, . Manager be`- authorized to'.enter 'into a contract with said-'con-
. _ tractor"'u ..
ponthe' of the proper bond' and= insurance carried_; :Broad; Brown.; Lambert,
,.. Lust, Robinsori;.Schussler and Whitaker ..vot'ing'°aye.by'voice: vote. It was noted that the
-.. bids•were very close and that the lowest bid was approximately $20,000 higher than what .
. was estimated.. Director. of. Parks and :Recreation*, Bill Hutsinpiller, explained that...there
were .several .reasons why....the bids were .so: miich than the estimate : . He •stated that -
. .. . the - plans have to meet . State: regulations and .the' building-will' be larger than had been
.previously estimated.. Mr. .Williams, that construction costs have in
.creased..a great: deal.. and they. had'._ added some public sidewalks.and, the larger building,.
which had not.been•included in.the .es.timate...: City Manager McMicken further explained that
_ he has . discussed -.this- with .the: Architect and Mr. ,Hutsinpiller and there- seems to .be _no way
. to ..cut down the cost. of . this' project ;..which. :means .that .there will be less ' money for the- -
_ ark .projects which will soon be con ,
si
r dered.
City Manager McMicken -- referring. to: the ',City :Engineer'. s Re port on the ' completion , of .L. I . D:
No:. 978, DowntownMall Utility.. Relocation &'. :Street Modification.Project
:. , it*was.MOVED•by M
Robinson., seconded-.by,Lust.that April 17, 1972,,be.fixed as the.time for the Hearing on the
Assessment Roll.for said District: carried,:Broad, Brown, Lambert,' Lust, Robinson, Schuss=
. ler Whitaker voting aye by' voice vote..*
City' Manager McMicken recommended that. the -City Council authorize the: following. out- ..of -' ,
.State travel as requested. Councilman Lenore Lambert. to.tr "avel to the 19th-' National= Crime
. andDelinquency Conference at. Portland, ..Ore ..Planning Director; Jay Otto, to travel . to
_ the .A.I (American'- Institute, of Planners) Conference in 'Bend, Oregon, on March- 29th -
_. . 31st'; :and a request' from-Fire Chief. Mat Young for ..Battalian Chef. Lee Wilson, who is the.
Training Officer,'to '.attend the First )Nationwide High =Rise Firefighting Seminar in Chicago,
Illinois, on.- April.29 and.30,.1972. After due discussion, it was - MOVED by- Whitaker,
seconded by Lambert that the requested out -of- State -travel be allowed with expenses paid
. . carried.,. Broad,.Brown.,, Lambert, Lust, Robinson, Schussler ' and voting' aye by-voice
. vote. . _
.
.There .being. no further .- business to: come,.before - the , Council , .. itwas MOVED by : Lust;, : seconded
by Whitaker.that.we do.now adjourn:.atthe hour_of 10.:.45.P.M:.: carried, Broad, Brown., Lam-
.. .bert, Lust., Robinson, .Schussler and. Whitaker voting aye.by voice vote. • . ,_ •
• READ .AND CERTIFIED, ACCURATE .BY ' • - .14, .: '/-c", - . DATE . 8/.27f7.:2.
' .COUNCILMAN' •
' h iei.t. DATE . ,*7/e 7 rZ •
OUNCILMAN . •
ATTEST:
: , i, Z 40...10...,
CITY CLERK. MAYOR ,