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HomeMy WebLinkAbout05/01/1972 Special Meeting / Regular Meeting r v 358 . MAY 1, 1972, MINUTES OF SPECIAL MEETING -- -• YAKIMA.CITY COUNCIL - MAY 1; 1972' The City Council met in special session pursuant to due notice, at 1:30 P.M., May 1, 1972, in the Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray Lenore Lambert, James Lust, Walter Robinson, Don Schussler and Bill Whitaker. Also prese'rit'were' C -ty Manager Craig McMicken, City Attorney Fred Andrews, Public Utilities Director Frank Stein, Public Works Director Dave Vargas, Personnel Director Bob Hilsmann and Administrative Assistant Jim Williams. The Council discussed the selection of an architect for Shop- Warehouse preliminary plans. The Director of Public Works and Director of Public Utilities discussed applications for grants under "Jobs Now" program. A major item df discussion was the Industrial Waste Treatment Study prepared by CH2M. The special meeting adjourned at 3 :00 P.M. REGULAR MEETING - MAY 1, 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 Lambert. The minutes of the regular meeting of April 24, 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 read. This being the time fixed for a Hearing on the proposed Hotel /Apartment Safety Ordinance, which was first presented to the City Council March 3, 1972, Chief Building Inspector Newell Pock reported that through this proposed ordinance, he and Fire Marshall Ed Lexa have set about bringing safety to those people living in apartment houses where the occu- pant load is more than eleven above the first floor. Mr. Pock stated that there has been one change made in the first draft of the proposed ordinance; Section 5 NUMBER OF EXITS has been changed to read "Every apartment house, hotel or motel having 11 or more occupants above the first floor shall have access to not less` than two exits as defined by Section 3301 of the Uniform Building Code. A fire escape as specified herein may be used as one required exit ". He explained that although the existing Uniform Building Code and Fire Codes cover new construction, and additions or alterations to existing structures, and govern the housekeeping and maintenance of existing apartment houses, hotels and motels, no present City laws provide for retroactive compliance with fire safety regulations such as provided by the proposed ordinance. Mr. Pock presented slides showing existing conditions in apartments, hotels and motels in the City of Yakima; namely, inadequate alarm systems, narrow hallways, blocked exits and fire escapes, hazardous transoms, boiler rooms, and heating systems, improper wiring, combustible material surrounding corridors and stairways that are not properly designed. Mr. Pock stated that the Inspection Department and Fire Department feel that these conditions warrant some protection for the people living in these buildings. Fire Marshall Ed Lexa reported that one -third of the apartment houses and hotels that would be governed by this ordinance have been inspected. Apartment, hotel and motel owners and other persons present speaking to the matter were Bill Bodine, Bodine Apartments, James Rayner, Rayner Apartments, Clarence Weaver, Sycamore Apartments, Mr. Ger- hardt, John Moore, Attorney, Max Bocek, Charles Cody, Mr. Strong, Gordon M. Spencer, Park - side Apartments, Mrs. Flossie Mann, Mann Apartments, Larry Robinson and Mr. Zimmerman. The majority of those present indicated that they approved of the proposed ordinance, but that they were concerned about the time limit of 18 months in which to complete the improvements to their buildings. Chief Building Inspector Pock indicated that if a person has obtained a permit and started working on a job, that permit would be continuous as long as they con- tinue to work on the job and provide the acceptable materials. He further indicated that this provision would be written into the next draft of the proposed ordinance, and also the right of entry section would be changed. Council members indicated that prior to the adoption of the ordinance those affected should be informed and have a chance to review it. After due discussion, it was MOVED by Schussler, seconded by Whitaker that this Hearing be closed and that the matter of the proposed Hotel /Apartment Safety Ordinance be "referred back to the Staff for additional study and changes in accordance with recommendations made at this meeting: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. Mr. Chalmer Walters, Attorney representing Mr. Robert Brown, who owns a grocery store at- 45 West Mead Avenue, explained that his client would like permission to install self -ser- vice gasoline pumps in front of his store. He stated that Mr. Brown applied to the Plan- ning Commission a year and a half ago for a rezone and it was denied for the reason that the gasoline pumps would be within 150 feet of a residence. He further stated that none of the adjacent property owners object to the installation. After due discussion, it was MOVED by Lambert, seconded by Brown that this matter be referred to the City Manager and Staff for study and recommendation: carried, Broad, Brown, Lambert, Lust, Robinson, Schus- sler and Whitaker voting aye by voice vote. It was MOVED by Brown, seconded by Robinson that Ordinance No. 1406 specifying a speed limit for motor vehicles at the Yakima Air Terminal and amending the Yakima Municipal Code, be passed as read: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye on roll call. ORDINANCE NO. 1406, AN ORDINANCE relating to traffic control; designating a speed limit for vehicles at the Yakima Air Terminal; amending Section 9.10.040 of the City of Yakima Municipal Code; and declaring an emergency. It was MOVED by Robinson, seconded by Lambert that Ordinance No. 1407 fixing the time of delinquency and providing for the issuance of bonds for the payment of the unpaid portion of L.I.D. No. 981, McCargar's Westside Tracts & Others Paving District, be passed as read: carried, Broad, Brown, Lambert, Lust,, Robinson, Schussler and Whitaker voting aye on roll call. 359 • MAY 1, 1972 ORDINANCE NO. 1407, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment of the cost of the improvement in Local Improvement District No. 981, and providing.for the issuance of bonds with coupons attached for the payment of • the unpaid portion. thereof. • It was MOVED by Lambert, seconded by Brown that 'Ordinance No: 1408 limiting compensation for vacation leave on termination of City employment and amending the City of Yakima Muni- cipal Code, be passed as Broad, Brown, Lambert, Lust, Robinson,. Schussler and Whitaker voting aye on roll call. ORDINANCE NO. 1408, AN ORDINANCE pertaining to city employees; limiting compensation for vacation leave on termination of employment; amending Subsection 2.40.020 D (2).; and de- claring an emergency. ' Mr. Frank Pierce, being present,'spoke to the matter of lighting and paving improvements' in Gilbert Park;• and' City Manager McMicken explained that the'Engineering Department is working on the'designs and•the project is scheduled for the summer of 1972. Mr. McMicken further explained that bef.ore•this will be'let for contract, the City Council will review • the design of the improvement. 'No formal action was taken. Councilman Lust excused at 4 :30'P.M. City Manager,McMicken reported that bids were received and considered by a Bid Board on March 21; 1972, on the purchase of two 1250 GPM Class AA Quadruple Combination Pumpers as follows: • American LaFrance v $79,380.00 . •Van Pelt $84,711.90 . • Fire Chief Matt Young spoke to this matter indicating that the•bid •of American.LaFrance was the lowest.bid, but that their bid did not'meet specifications and that the bid of Van Pelt met all specifications. Discussion indicated that was made up of' the City Purchasing Agent, City Clerk and Fire Chief. Chief Young related that the Purchasing. :Agent recommended•that both bids be rejected and a new'call for bids be published. Chief Young indicated that he was not'in accord with this thinking and felt that the bid.of Van . Pelt was . a good and substantial bid. Since no written recommendation was available, and the City Clerk as a member of the Bid•Board had not indicated her recommendation, the Co.un cil. asked how would vote and she recommended with the Fire Chief the'bid of Van Pelt. Also, Chief Young related that had talked to American LaFrance representatives and they would not assure him that the apparatus involved would be built according to City specifi- cations. After due discussion, it was MOVED by Robinson, by Whitaker that t1 oral recommendatioi the majority'of the Bid Board be accepted and that the contract be awarded to Van °Pelt,.in the .amount.of Broad, Brown, Lambert,.Ro •binson, Schussler and Whitaker voting aye by voice vote: Lust absent. . City Manager McMicken.referred the matter of the 1971 Annual Report of the Yakima Fire • Department to Fire Chief Matt Young. Chief Young reported that 1971 was a fairly good year as far as fire loss was concerned, although the City of'Yakima was not much below the national average. He stated that the Fire Department had approximately more runs than 1970, which they attribute to a 25 percent increase in the number of • incendiary' fires. He regretfully reported that there was one life lost by fire in 1971. Fire Chief Young further stated that'the Bureau of Prevention had 93 percent abatement on their'hazards as compared to 77 percent in 1970. • City.Manager McMicken explained that the City contemplates a•street improvement project consisting of improvementr•of.the Yakima Avenue railroad crossing, which will be financed' in part by a program of federal aid, administered by the'State,'known as the "TOPICS program. He explained that in order to administer funding of the project, 1.t is necessary that the City.enter into.an agreement with-the State of Washington for preli • minary engineering for such project. After due discussion.; it was MOVED by Robinson, • seconded by Brown that Resolution No. D -1850 authorizing the Mayor to execute an Agreement with State of Washington pertaining to improvement of•the Yakima Avenue railroad crossing, be passed as read:.'carried; Broad, Brown, Lambert, Robinson; Schussler and voting aye on roll.call. JLUst absent. RESOLUTION NO. D -1850, •A,RESOLUTION and directing the Mayor and City Clerk of the City of Yakima to execute an agreement with the State of Washington pertaining to im- provement of the Yakima Avenue railroad crossing. City Manager McMicken explaining that the 'City contemplates the installation of a pipe line across railroad right-of-way at B Street, so as to require the execution of a Pipe Li a Crossing Agreement with the Oregon - Washington Railroad & Navigation Company and Union Pacific Railroad Company; it was MOVED by Brown, seconded by that Absolution No. D-1851 authorizing the. Mayor to execute a Pipe Line Crossing Agreement with'Oregon- Washing ton Railroad &- Navigation Company and the Union Pacific Railroad Company, be passed as read:. carried, Broac, Brown,: Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Lust absent. • RESOLUTION' NO. D -1851, A'RESOLUTION authorizing and directing the Mayor and City Clerk'.,.of the City of Yakima to execute a Pipe Line. Crossing Agreement with Oregon- Washington Rail- road & Navigation Company and the Union Pacific Railroad Company. City Manager McMicken explaining that the City contemplates the installation of a pipe lin= along and - .acrossYakima Valley :Transportation Company right -of -way at Avenue, so as to require the execution of a Pipe. Line Crossing Agreement with•Yakima Valley Transporta- tion Company, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1852 authorizing the Mayor to execute a Pipe-Line Crossing Agreement with Yakima Valley Trans- portation Company, be passed as read: carried, Broad, Brown, Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Lust absent. RESOLUTION NO. D -1852, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute a,Pipe•Line Crossing Agreement'with Yakima Valley Transpor= tation Company. 7360 MAY 1, 1972 City Manager McMicken explained that in accordance with City Council action on April 17, 1972, legislation has been prepared to change the official name of the airport owned and operated by the City of Yakima, which has, heretofore been.known as the "Yakima Municipal Airport ", to "Yakima Air Terminal ". After due discussion, it was MOVED by'Brown, seconded by Lambert that Resolution No. D -1853 designating "Yakima Air Terminal" as the official name for the mun cipal airport owned and by the City of Yakima, be passed as read: carried,'Broad, Brown,' Lambert, Robinson, Schussler and Whitaker voting aye on roll call. Lust absent... RESOLUTION NO. D -1853, A RESOLUTION designating "Yakima Air Terminal" asthe official name for the municipal airport'owned and operated by the'City of Yakima. The matter of final funding for Southeast Yakima Community Center was reviewed and discussed by City Manager McMicken in accordance with figures prepared by the Finance Department. Discussion indicated that the cost of construction for this project was more than had been authorized; and that the contract had been amended, but the sources of contribution were not increased. Mr. McMicken indicated that, therefore, in order to close out the job it will be necessary for the City.to put in approximately another $26,000 and for Operation Coalition to come up with approximately another $7,200. City Manager McMicken requested the Council's permission to firm up this committment. Further discussion indicated that O- peration Coalition's total contribution including those noncash contributions would be ap- proximately $80,200, the City of Yakima's total contribu would be approximately $66,500, and other donors approximately $6,000. After due discussion and review, it was • MOVED by Robinson, seconded by Lambert that the Council authorize the City Manager's re- commendation for the paying of an additional amount to close out the project, making the total contribution of the City approximately $66,500: carried, Broad, Brown, Lambert, Ro- binson, Schussler and Whitaker voting aye by voice vote. Lust absent. 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 be made on the River Road Pumping Station project, it was'MOVED by Robinson, seconded by Brown that the report of the City Engineer, with respect 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 $6,275.05, is hereby authorized: carried, Broad, Brown, Lambert, Robinson, Schussler and'Whitaker voting aye by voice vote. Lust absent. City Manager McMicken.referred to the'matter of certification by the City Engineer of the ' completion of work and recommended that said work be accepted on the Equalizing Reservoir. City'Attorney Andrews advised the Council to not request that payment be authorized because there are too many unresolved'problems concerning liens against the contract and who is to be paid. After due discussion, it was'MOVED by Robinson,'seconded by Brown the report of the City Engineer, with'respect to the completion of the Work-on Said:Public Works Con- tract, be approved and.the - work be accepted: 'carried,Broad, Brown, Lambert, Robinson, - Schussler and Whitaker' voting aye byrvoice'vote. Lust absent. • Councilman Lambert excused. at 5:50 P.M. City Manager McMicken requesting approval of outside City sewer service to 401 South 50th Avenue, explained that the request is for sewer service to a single family residence site , included'in the proposed West Chestnut Annexation. He further explained that the'applicant • has signed the outside hookup agreement and that the land use is in accordance with the General Plan. After due discussion, it was'MOVED by Robinson, seconded by Schussler that approval be given for outside sewer service to 401 South 50th Avenue: carried, Broad, Brown, Robinson, Schussler and Whitaker voting aye by voice vote. Lambert and Lust absent. City Manager McMicken'requesting approval of outside City water service for two proposed single family residential sites located at 4705'and 4711'Powerhouse Road, it was MOVED by Whitaker, seconded by Schussler that'approval be given for outside water service upon the signing of the outside hookup agreement: carried, Broad, Brown, Robinson, Schussler and Whitaker voting aye by voice vote.:._L and Lust absent.' • City Manager McMicken explaining that a damage claim filed by Duward Massie on March 31, 1972 in the amount of $377.50 for damages caused by false arrest was not filed within the time required by law, and that the claim should be denied on its merits, it was MOVED by Schussler, seconded by. Brown that Resolution No. D -1854 denying` a. claim for damages filed . with the City by Duward Massie,'be passed•as read: carried, Broad, Brown, Robinson, Schus- sler and Whitaker voting'aye on roll call. Lambert and Lust absent. RESOLUTION NO. D -1854, A RESOLUTION denying a claim for damages filed with the City by Du- ward Massie. 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 Walter and Wilma Bohen and Anthony J. and Violet P. Freese; and "recommending the purchase of sa.id_property, it was MOVED by Robinson, seconded by Schussler that Resolution No. D -1855 authorizing the purchase of said right of'way property, be passed as read: carried, Broad, Brown,.Robinson, Schussler and Whitaker voting aye on roll call. Lambert and Lust absent. RESOLUTION NO. D -1855, 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: John Labusky, Rick Haubrich and Bruce Belfield of the Fire Department to attend Dis- patchers Training'School'in Portland, Oregon from May 16 through 17; and Robert Brimmer to attend Western States Crime Conference in Reno, Nevada from May 7 through ll, After due discussion, it was MOVED by Brown, seconded by Robinson that the requested out - of -State travel be allowed with expenses paid: carried, Broad, Brown, Robinson, Schussler and Whitaker voting aye by voice vote. Lambert'and Lust'absent. 361 MAY 1, 1972 . City Manager McMicken reported that the City has received a grant from Law and Justice to provide for a youth center in connection with Southeast Yakima Community Center. Mayor Broad reporting that Tom R. Hopson has resigned from the Yakima Housing and Renewal Committee and that.Flavius M. Palmer•has been recommended to fill his position, it was MOVED by Robinson, seconded by Schussler that Flavius M. Palmer be appointed_to fill the unexpired term of Tom R. Hopson, which expires on December 21, 1972: carried, Broad, Brown, Robinson, Schussler and Whitaker voting aye by voice vote. 'Lambert and Lust absent: There being no further business to come before the Council,•it was MOVED by Schussler, se- conded by Whitaker that we do now adjourn at the hour of 6:00 P.M.: carried, Broad,:Brown, Robinson, Schussler and Whitaker voting aye by voice vote. Lambert and Lust absent. • • READ AND CERTIFIED ACCURATE BY Z • fit/, .,DATE COUNCILMAN • ( s I Net DATE d • • UNC'ILMAN • ATTEST: C I T Y C L E R K ' M A Y 0'.' R • • • • • ` z 1 i , •