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HomeMy WebLinkAbout04/17/1972 Special Meeting / Regular Meeting 352 • APRIL 17, 1972 MINUTES OF SPECIAL MEETING • - YAKIMA CITY COUNCIL APRIL 17, : 1972 The City Council met in special 'session pursuant to due notice,,. at •6:30 P.M -.i, April.. 17,. 1972, at the new. Southeast Community Center. :.,; • I.; Councilmen present at the. werer•Ass;istant. Mayor Lenore .Lambert,;. Wray Brown; Walter Robinson, Don Schussler and Bill Whitaker. Also present were City Manager .McMicken,City. Attorney Andrews, Administrative Assistant Jim Williams, Associate Planner Homer Matson, anc Director of Parks and , Recreation Bill..Huts inp.ill:er .:. :t !: , The Council discussed final capital funding and_operational.funding of the Center with Walter Lewis of Operation Coalition and Henry Beauchamp. Bill Hutsinpiller, City Park and Recreation Director and Dick Parker of the Recreation Committee presented a plan for in- terim recreation programs for the Center. The special meeting, adjourned at 8:00 P.M. . REGULAR MEETING - APRIL ..1 , , .1972 - 8:00 P.M. The City Council then met in regular session at the hour of 8:00 P.M., Assistant Mayor 'Lambert presiding, Councilmen Brown, Robinson, Schussler and Whitaker, City Manager Mc- Micken and City Attorney Andrews present on roll call. Mayor Broad and Councilman Lust absent on roll call. It was MOVED by Robinson, seconded by Brown that Mayor Broad and Councilman Lust be excused from this meeting: carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye by. voice vote. . The Invocation was given by Councilmen Brown. The minutes of the regular meeting of April 10, 1972, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Assis- tant Mayor Lambert declared said minutes approved as recorded. This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 978, Down- town Mall Utility Relocation & Street Modification Project, and there being no protests in writing or otherwise, it was MOVED by Robinson, seconded by Schussler that Ordinance No. 1404 confirming said Assessment Roll, be passed as read: carried, Brown, Lambert', Ro- binson, Schussler and Whitaker voting aye on roll call. Broad and Lust absent. 'Director of Public Works, Dave. Vargas, explained that this L.I.D. covered the ramp construction on "A" Street, and the relocation of some sewer lines and storm drains around the Mall and the entire assessment is against the Mall Association, and is to be paid in 20 years in- stead of the usual ten years, which had been contemplated when the district was created. He further summarized the matter by explaining that the cost of:the work done exceeded the Engineer's estimate by approximately 10 percent which was caused'by extra work -that had to be done on the ramps, some'changes that had to be -made because of items that were dis- covered during the construction, some utilities had to be relocated that had not been planned for, a higher bid than had been anticipated on the storm drain construction, and the extra time lag caused additional engineering fees. ORDINANCE NO. 1404, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 978 as created and established by Ordinance No. 1220 of the Ordinances of the City of Yakima. Damage Claims having been filed with the City Clerk on April 10, 1972, by the Oregon Auto- mobile Insurance Co., on .behalf of Duane Galen Repp_ damages caused to Mr. Repp's automobile when the wheels became lodged in the railroad tracks located on Nob Hill Bou- levard, and on April 11, 1972, by Vernon Henderson of the Police Department for damages in the amount of $60.00 for the loss of his wrist watch while apprehending a person while on duty, it was MOVED by Schussler, seconded by Brown that said Damage Claims be referred to the City Manager and Staff for study and recommendation: carried, Brown, Lambert, Ro- binson, Schussler and Whitaker voting aye by voice vote. Broad and Lust absent. Mr. and Mrs. Thompson, of Thompson's Barter House, a second -hand store, being present, Mrs. Thompson brought up the matter of garage and backyard sales. Mrs. Bernie Scott, an owner of a Swap Shop was present and also spoke to this matter. They indicated that they are not against the private one - family sales or the Church and Club groups, but are mainly concerned and against the people that are making a regular business out of garage, patio, backyard, etc. sales. They stated that there are a number of such persons who go from one house to another and hold sales, and who buy from Auction sales and hold garage sales of their own continuously, who do not have any type of license or are not obligated for a fumigation license from the State Health Department. City Manager McMicken referred to the Petition No. 735, that was received previously from a number of second -hand store owners requesting some action regarding licensing of backyard sales, etc., and reported that the matter is being studied by the Staff and the City Attorney, but that preparation of legislation is not y:e t finished. He further reported that they have been considering a type of legislation that would control such garage sales in which if two or more people collaborate on a sale, there would be some conditions to control that and such combined garage sales would have a limit on the length of duration of that sale, such as three days, and the frequency has been suggested of something like six months. He indicated that this would mean that any owner conducting the sale of his own possessions would not be covered by any City licensing and that this would control the bringing in of outside goods not owned by that owner. Mr. Albert Hughey referred to zoning restrictions regarding busines- ses in a residential area. The City Clerk reported that there is no way to find out about the various garage, backyard, etc., sales, unless there is some type of permit or license, because when they make application, there is a chance to check the zoning, etc. After due discussion, Assistant Mayor Lambert, * stated that there is a need to prevent the abuses that have been discussed at this meeting and reported that this has already been referred to the City Manager and City Attorney and the City Attorney will have something drafted in the near future.. She expressed appreciation for the additional information given by the second -hand dealers present and indicated that there would be some notification when the legislation would be brought back for Council action. Mr. Julius Toby, being present, spoke tothe matter of air pollution and stated that the City buses are the biggest polluters. He further stated that he knew that the City will be getting new buses, but would appreciate it if something could be done at the present 353 APRIL 17, 1972 time. Mr. Toby also requested that the matter of scheduling the buses be looked into so that a person would not have to wait an hour for the next bus when making a short trip such as to St. Elizabeth Hospital or a convalescent home. City Manager McMicken read a letter from the Greater Yakima Chamber of Commerce, stating that the Aviation Committee and the Board of Directors recommend that the name of the Ya- kima Municipal Airport be changed to Yakima Air Terminal. Discussion brought out that the Chamber of Commerce and the majority of the Council members feel that the name of Yakima Municipal Airport gives the feeling that this is the City'of Yakiriia, and the name Yakima Air Terminal gives the feeling that it is representing the whole Yakima Valley. Council- man Schussler indicated he is not in favor of changing the name. After due discussion, it was MOVED by Robinsx, seconded by Brown that appropriate legislation be prepared to change the name of the Yakima Municipal Airport to Yakima Air Terminal: carried, Brown, Lambert, Robinson :and- Whitaker voting aye by voice vote. Schussler. voting nay by voice vote. Broad and Lust absent. City Manager McMicken reviewed the matter of authorization to grant a permit to Yakima Valley Transportation Company to occupy portions of City streets for business purposes. He explained that the proposed permit will allow the Yakima Valley Transportation Company . to operate and maintain the system for the balance of the current year in accordance with the terms and conditions set forth in the franchise granted them by Ordinance No. B -732, passed by the Yakima City Commission on September 18, 1946, which terminated on November 5, 1971, said 'permit will terminate on January 1, 1973, unless renewed or extended. Dis- cussion brought out that. previously the City Council directed that an analysis of the si- tuation be made jointly by the City Staff, the Union Pacific people, the Yakima - Valley Transportation Company, growers and interested persons. Mr. Andrews reported that a meeting had been held with the Railroad people who were given a'list of questions and will bring back recommendations. After due discussion, it was MOVED by Robinson, seconded by Schussler that Resolution No. D -1845 granting a permit to Yakima Valley Transportation - Company, to occupy portions of city streets within the City of Yakima for business pur poses, be passed as read: carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Broad and Lust absent. - RESOLUTION NO. D -1845, A RESOLUTION granting a permit to Yakima Valley Transportation Company, a corporation; to occupy portions of.city_streets within the City -of Yakima fof business purposes. , • City Manager McMicken referring to the matter of authorization to sell at- Auction, surplus vehicles owned by the City and explaining that it has been found that this is the most beneficial way to dispose of surplus vehicles, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1846 authorizing the sale at public auction of surplus vehicles owned by the City, be passed as read: carried, Brown, °Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Broad and Lust. absent. RESOLUTION NO. D -1846, A RESOLUTION authorizing the sale at public auction of surplus ve- hicles owned by the City. City Manager McMicken explaining that the City contemplates the installation of a water pipe line to serve prospective customers in the vicinity of Gordon Road and Tamarack Ave- ' nue, so as to require the installation of the pipe line across Burlington Northern, Inc., railroad right of way and Burlington Northern has consented to such installation subject to the terms and conditions of a railroad crossing permit agreement, it was MOVED by Brown, seconded by Whitaker that Resolution No. D -1847 authorizing the execution of a railroad crossing permit agreement with Burlington,Northern, Inc., be passed as read: carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye on roll. call.. Broad.'and Lust absent. • . RESOLUTION NO. D -1847, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute a railroad crossing permit agreement with 'Burlington Nor- thern, Inc. City Manager McMicken requesting approval of outside City sewer service to 1714 and 1716 South Cornell Avenue, explained that according to the City Engineer the line is available, that the property owner has applied for annexation and the land use is in accordance with the General, Plan. After due discussion, it was MOVED by Whitaker, seconded by Robinson that approval be given for outside City sewer service to 1714 and 1716 South Cornell Ave- nue: carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye by voice vote. Broad and :Gust absent. City Manager McMicken referred the matter of the intention to improve property by the con- struction of a sewer in the vicinity of South First Street and Mead Avenue to Dave Vargas, Director of Public Works, who explained that the proposed district has been reduced be- cause of the considerable amount of objections when this was previously presented at' the Council meeting on October 18, 1971, by persons who stated that they didn't need the ser- vice. He reported that the District had been redrawn to run up Russell Lane to the rail- road track, to pick up the Forney property, Continental Foods, Hanson's and Safeway. He further reported that for those property owners on Russell Lane, who objected, they have cut the boundary back so they will not be hit quite so hard, and that they left out every- one on the south side of Russell Lane and the City will pick up those assessments. After due discussion, it was MOVED by Robinson, seconded by Schussler that Resolution No. D -1848, being a Resolution of Intention to create a local improvement district, be passed as read: carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Broad and Lust absent. RESOLUTION NO. D -1848, A RESOLUTION of intention to create a local improvement district. City Manager McMicken referring to the matter of certification by the City Engineer of the completion of work and recommendation that said work be accepted and final payment made on L.I.D. No. 984, St. Elizabeth Hospital & Snokist Growers Domestic Water and Irrigation District, it was MOVED by Robinson, seconded by Schussler that the report of the City Engineer, with respect to the completion of the work on said Public Works Contract, be approved, the work be accepted and payment of the final estimate as therein set forth in the amount of $3,927.57, is hereby authorized: carried, Brown, Lambert, Robinson, Schus- sler and Whitaker voting aye by voice vote. Broad and Lust absent. 35 . , APRIL 17, 1972 City Manager McMicken explaining that in connection with the contemplated improvements to Mead Avenue, offers to sell right of way property have been received from.Mr..Abe.J.,Wood and Tom E. and Vera Marshall, and recommending the purchase ofsaid property, it was MOVED by Brown, seconded by Robinson that Resolution No. D -1849 authorizing the purchase of said right of way property, be passed as read: carried, Brown, Lambert, Robinson; Schussler and Whitaker voting aye on roll call. Broad and Lust absent: RESOLUTION NO. D -1849, A RESOLUTION authorizing the purchase of right of way property for • Mead Avenue improvements.:,, - City Manager McMicken requested approval of.out- of- State .travel for the following: . Bill Hutsinpiller, Director of Parks and Recreation, to Vancouver, B. C., from April 30 through May 3, 1972, ,to attend the Pacific Northwest Regional Parks -•and Recreation Conference; . . Fritz Jaeger, City Engineer, to travel to_Portland, Oregon, to confer .with the Bur- _ lington Northern, Inc. people; and . • Al Burleson ,and Glen,Perkins of the Water Department, .to travel to Portland, Oregon, to attend the A.W.W.A. meeting from May 3_through 19 . After due discussion it was.MOVED by seconded by Schussler that the requested out -of- State travel be allowed with expenses paid: carried, -Brown,. Lambert, Robinson, Schussler and Whitaker voting aye voice - vote., Broad and Lust absent. . There .being no further business to come before the Council, it was MOVED by Whitaker, seconded by .Robinson that we do now adjourn at the hour of 9:45 P.M.:.carried, Brown, Lambert, Robinson, Schussler and Whitaker voting aye by voice vote. Broad and Lust absent. READ AND CERTIFIED' ACCURATE BY / a ��� -_ . DATE 7 `L • COUNCILMAN . • aditmemovo 464111. DATE .0-31 . COUNCILMAN ATTEST: . C I T Y - .,A.d>1/ (-e./7, . . - C L E R K MAYOR P R O- T E M 1 • . . . \ L_ • .