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Home My WebLink About06/19/1972 Special Meeting / Regular Meeting / 385 • JUNE l9, 1972. - • . MINUTES .:._OE YAKIMA` ..CITY ...CO.UNCIL June_ 1.9 ,.. 19 72 The.. City.. Council - mea...in.-,specal.:. session..p.urs.uant.:_.to.... due_._no:ti_ce..,. _..at.. 6.: 30._P .M.. , ..June 19,1972, . in .the .Conf.erence:, .Room:...at..Yakima.,Ci.ty Hall , Councilmen ..pres.ent <a- t..,.the.ameeting were:; .May..or._...Bert ..Broad,.,.._Wray:.;Brown, :.James Lust , Walter . _ . : Robinson .,....Don:..Schussl.er:__ and.._ Bill._•. Whi- tak. er ...,.......Als.o..:.,presen:t.. were :Ci.ty�.Attorney. Fred Andrews, Administrative.., Assis.taut.:.J.im lliams ;..:Po- l-ice..._.Chief.: Jack' :.LaRue, °:Fire Chief. Mat Young and . Dr'. Leland Harris. o.f_: theYakimaT :County_M1Health._.Dis.trict. Police._.Chief...LaRue . and Fir. e -...Chief... Young.:re.por -ted - on;..their.....proposed:..19.73. Work Programs. • _ • . Dr., Leland... Harris -_.of....the.._Y.akima, :County.: HealthLDi .tri.c:t'; . appeared before the .Council to re- port..on...contaminated:.water .problems..within. the'Fairview -Sumac area. The special.._mee.ting ..adjourned:..at.._8 :.0.0 P.M. .REGULAR_ .MEETING .._ .., ._..JUNE ". 19., ..1972 - 8` 0.0 p.m. The '.City Council .then...me.t .in regul.ar._.ses.sion.at :theTourof .8 :00._P..M. Mayor Broad presid- ing, Councilmen.. Brown..,. - ..Lust,.... Robinson. ;.....:Schussler and::.Whitaker,- Administrative. :.Assistant Williams and._City Attorney. Andrews _.presenton..roll..call :Councilman Lambert. absent on roll call., .having been. excused..at ..the _.previous:_meeting..: - City Manager McMicken absent and ex- . cused. • The .min.utes ..of.: the_.. regular.. mee. ting...of.TJune:_.12.,'.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. Peti.tion... No,..:7-45., . having.: been.. filed..with.;..the. City. Clerk..on...June. 13, by_..Rainier Devel- . opment .Com]?any,.. (Safeway) .. requesting improvementof� property by the:construction of water mains in•the. vicinity. of..16th:.Avenue.and•Nob Hill_.Boulevard,.it -was MOVED by Schussler, seconded..b_y. Brown. that Petition No.. 745 .for the_..creation•of.a•Local - Improvement District,. _ be..referred.to.the City..Manager and Staff for study and r.ecommendation: • carried, Broad,. Brown, .Lust., Schussler and_Whitaker voting aye by voice vote._'Lambert absent. Robinson temporarily absent. Petition .No :. .746, _.having .been filed .with .the .City::Clerk on June 13, 1972, by Rainier Devel- opment. Company.( Safeway ).,..requesting :..improvement of7__property•by the streets. in the,vicinity of 16th and.l8th Avenues••and Nob ;Hill Boulevard, it -was MOVED by Schussler, s .econded.by.Brown- that.Petition No 746 for the` creation of a•Local Improvement•District, . be referred to_the City.:Manager_and.Staff for. study and recommendation:. carried, Broad, Brown,. Lust,.., Robinson, .Schussler. and.Whitaker - voting aye .by voice vote.. Lambert' absent. Damage_Claims.having. been.. filed ...with :theCity.Clerk.on.June 12, 1972; by•Mrs. Carol Moore, • . 6505 for. damage caused_.by City'.vehicle., and.on June 13, 1972, by Earnest • and Elizabeth 4202..Snowmountain Road, in. the amount of $1,.0.00 damages caused by 'water damage-during recent flooding,.it was MOVED:.:.by,Lust,.•seconded by Whitaker that said. Damage•Claims be referred to the -Cit• Manager..and Staff for study and recommendation: carried.,_Broad, •Brown Lust,.-Robinson:, Schussler and' Whitaker voting aye by .voice vote. .- Lambert absent. - Mr.....Robert. M._..Leadon, Attorney, stated that:.he: would .like .to propose for the consideration . . of the. City Council,..or.for the Council :reference to the. City Attorney; the problem of .• the placing of advertising materials'in-..plastic bags on doorknobs. He further stated that . there are.three •reasons whythis practice.disturbs him: 1. that when the residents. of a home or apartment are absent. and. these things are-hanging-on the doorknob., it is an open. invitation to.. burglars ; 2. they are a.: litter problem; ' and 3. they are .a .danger to children because they may eat .the .contents._which. might.. be .harmful .or might put bags .over their heads. Mr.. Leadon then filed with the City Council and the,City.Clerk, a Peti.tion.signed by 234 :persons requesting the City Council..to enact_an ordinance',.as.suggested.by Mr. Lea -. don, prohibiting all'advertising :.on..private property by- the,use of plastic.bags•or other means attached to doorknobs .of :.residences:.or•buildings. Mr.- Leadon stated that he would be willing to donate some time to work with City:Attorney Andrews on this matter.-.. City Attor- ney Andrews gave a brief. history.on.-the matter - of- handbills and advertising and reviewed the present.Ordinance which regulates .instead:.of...prohibits the. distribution of handbills. or food samples which •must.be secured .some.way on the premises_or attached to the He.explained that',there are two other regulations..connected with this Ordinance, that the • person . who - is._a non - consenting .resident.:- .to.having handbills•or advertising delivered to his • home, has two.ways to.prevent this: 1. he_can confront. the person or organization.responsi- ble for the.delivery of material and tell him..that he does not want this material on his property,..or 2. •he put up some kind_of appropriate sign indicating such unwillingness' to accept these. Mr.. Andrews.stated.that •in, his view from'a legal standpoint, that an . absolute prohibition would be.subj.ect to_attack by certain organizations,.but -that -he will be glad to•look into this. Mr.._Don Tait of.Certified Delivery.,..who delivers the material in.plastic bags and hangs them'on doorknobs., spoke in favor of the,present Ordinance • stat- ing that he would .answer .Mr. Leadon as follows: 1.. you can't stifle. your- .. self in.onE:.of these.:bags, that he has tried. it, and that they are going to • have new bags . with holes punched in..them; 2..:that hanging material.and advertising on doorknobs solves . the litter.problem because - they are nots.cattered.all over the ground; and 3. if the people object to these _deliveries, they .can'.stop ..them..by writing .to his•.company, or telling .them, . or put up an appropriate sign.. •After_due_discus:sion, it was MOVED by Schussler, seconded . by Whitaker that this-matter be referred to the City Attorney and..Staff for study and con- sideration:.carried, Broad,,. Brown, Robinson, Schussler and Whitaker voting aye by voice vote... Lust not voting... Lambert absent.. . -. Administrative Assistant Williams. referred. the • matter of .the request for_Outside- Utility... .Service by.Eric.S. Heikkala, for property situated ..at:1501.S..16th.Avenue, which was con- tinued from the meeting of.June :12, 1972, .Planning Director Jay Otto who. again reviewed . the Planning.Staff Report and the.Plannirig Commissio.n_Minutes and their recommendation that this requested.Outside..Utiiity- Service be approved subject to the, signing of the Outside 386 • JUNE 19, :1972 Hookup Agreement with..<the . proposed.... Exhibit - A-a.ttached, -.which.:puts .res.t-rictions_...on.,.the land use. He dis.playe.d the, landscape plan _..and -...explained:..that.._ the ..proposed.._development - is for 26 units . of rental. housing in ..two..• four:- piexes.,..and.: three. six .plexes:" - :..Present. and: speaking against the proposed. development and . the.-. outsi.de_..u.tility,.reques.t;_ wasMr.,.,,.Ed.. Doran, 1601 South 16th- Avenue ..Others .present._. and. s.peakingto,:.this :matter ere..,Mr;.....Wilkinson, . an inter- ested citizen, _and .Mrs .- - Sinclair -.and:: Mrs ..- :Doro:th_y Hay-es., propertyr owners in this :vicinity who asked questions about water,.. sewer_.and .irrigation :..... After - due .discussion.,..it was MOVED by Robinson, seconded by Schussler that__this__r.equest...for; outside._utility service be granted subject to the signing._of the. outside. hookups :agreement :with.. Exhibit _.A..at:tached_:..carried, Broad, Brown, Lust, Robinson., Schussler and: :Whitaker voting - aye _ by - voice..vote...:Lambert absent. • Administrative. Assistant_.Williams referred-to the: :matter.:of authorization. to- execute an agreement with :Burlington .Northern., Inc -. _.for a . pipe: line- crossing...railroad_,right -of -way on East "B" Street and .explained. that.- in the ..widening :and .improving ° of - "B" -Street at its intersection with railroad ofw:Burlington. ;Northern,.. Inc the - installa -tion of a dom . estic water pipe line_ across railroad right -of - way requires a permit from Burlington North- ern, Inc... After due discussion, it was MOVED by Robinson, seconded..by Whitaker that Reso lution No. D -1881 authorizing the execution of . said..pipe- .line crossing permit with Burling- ton Northern, Inc. , be. passed as read: carried, Broad, Brown, Lust,. Robinson, Schussler and Whitaker voting.aye on roll call.. Lambert absent. .. RESOLUTION -NO..- D- 1881,-.A,_.RESOLUTION authorizing and directing the Mayor.and.City Clerk of . the City.of Yakima to execute a. pipe .line crossing permit with BurlingtonNorthern, Inc. City Attorney..Andrews reported on. the .matterof authorization to execute a:Collective Bar- gainingAgreement with the Yakima - Police. Patrolmen.'s Association. He that iously the Police Department has not had a formal collective bargaining agreement as a .basis for -or setting.out of any mechanics for collective bargaining. He reported that the Yakima Police Patrolmen's Association was certified by the State Department of Labor and Industries as the recognized bargaining agent for Police November 30, 1969, and since that time. there has been. continuing, negotiations between-the..negotiating.commit- tee and the City Manager and the proposed .agreement: :is :the - first to bereached-.. :Mr. And- rews reviewed-the-various sections of the agreementand explained that the.-passage of the proposed, Resolution.. will..authorize the proposed agreement for balance of the year, 1972, only, and that negotiations will be :started next :month on an agreement for the coming year. Discussion brought out that the current agreement with Fire Fighters' Association. will also expire at theend of.this year, and -that the existing agreement with the general employees has.another.year to. run.. It was•also pointed.. out. that next month - negotiations . on. budget matters for the'coming year will be After due discussion, -it was MOVED by Brown.,.seconded by Robinson that Resolution No. D -1882 authorizing the execution.of a Collective with Yakima Police Patrolmen's Association, be passed as read: carried, Broad.,.. Brown,. Lust, Robinson, - Schussler and Whitaker voting aye on roll call. Lambert.absent. .RESOLUTION NO. D -1882, A RESOLUTION.authorizing and directing the City Manager and City Clerk of _the City. of Yakima to execute -a Collective Bargaining Agreement with Yakima Police Patrolmen's . .. Administrative .Assistant Williams reported :.that.in connection with.the Mead Avenue improve - ments, an offer.to sell document has been received :from Gordon and Dorothy Wilkins.- After . due discussion, it was MOVED by. Robinson, :seconded. by Brown that Resolution No. D -1883 authorizing the..purchase of said right of way property. for Mead Avenue improvements, be -. passed.as.read: carried; Broad, Brown, Lust, Robison, Schussler and Whitaker voting aye on roll call. Lambert_ absent. RESOLUTION NO. D -1883, A RESOLUTION authorizing the purchase right :of way property for Mead Avenue - improvements. Administrative Assistant. Williams referring.to the - matter..o.f the.granting.of Permits for . retail.. sale.of.fireworks for it was MOVED.by seconded by Brown that Reso- lution No. D -1884 granting said permits for retail. sale of fireworks for 1972, be passed as read: carried., Broad, Brown, Robinson, Schussler and Whitaker voting aye on roll call. Lust not voting. Lambert absent. RESOLUTION NO. D -1884, A RESOLUTION granting permits for the•retail sale.of..fireworks with- in the City of Yakima. for 1972. The City.C1erk reporting that an application for a permit for the retail sale _of fireworks was received from the Yakima Jaycees after the preparation of the above Resolution No. D -1884, and that the Fire - Department has .indicated that everything is in order and recom- mending that.they be granted.a permit, it:was MOVED :by Robinson, seconded by Schussler that the proper legislation granting said permit be prepared.for consideration at the next Council meeting of June 26, 1972: carried, Broad, Brown, Robinson, Schussler and Whitaker voting aye-by'voice vote. Lust not voting. Lambert absent. Administrative Assistant Williams referring to the certification -by Doudna- Williams - Archi- . tects and the- City-.Engineer.of the .compietion`of.work and that the work be . .accepted and final.payment made on the Southeast Yakima. Community facility, to. Central Heating and Plumbing the amount of:$11,305.30, and to Electro -Mart, Inc. in the amount of $1,234.80, it was MOVED by Lust, seconded Robinson that.the.reports of Doudna- Williams - Architects and the City Engineer dated.May 3, 1972, with respect to the completion of the work on the Southeast Yakima Community Center facility_,. be approved, -the work be accepted and...payment of the final - estimates as therein set forth is hereby author- ized: carried, Broad, Brown,..Lust, Robinson; Schussler Whitaker voting aye by voice vote. Lambert absent. City Attorney. Andrews.referred to:.an off- the - Agenda i.tem;. Petition -No. 747, filed with.the . City Clerk on this.date., by Yakima.School District No. 7, Franklin High..School, re- questing the vacation .of an easement :.• He explained that an emergency was created when the Building Inspector put a :stop -work order on the construction at the Franklin School Gym . when it was discovered that within a City utility easement there'were some City.utilities, and it..is necessary for the City.to vacate this easement before construction can continue. 387 z ; ■ JUNE 19, 1972 Mr. Andrews then proposed that the City Council authorize legislation to''be prepared to _ vacate the easement He explained that the School District will ‘grants.an- easement to the _.. - City .in_ which . to: relocate ..the ..City .,facilities.'„: _ :After - due discussion,: .it.•was : - MOVED by Rob- , _ . inson.,, seconded. by . Schussler .- . that :._legislation ....be_ prepared .that-. will effect the vacation as - requested _and .._that . _authorization .be given ..,for .::'the ::. :constr.uction :.to, proceed.\wi•thout further _.. inter.ruption.:..carried., Broad,__Brown,...Lust; :..Robinson, .Schuss1er'..N and - Whitaker- voting aye by voice. vote.. .._Lambent . absent. . , . - Mike Wilson,.. a :...Washington - State,_University.__ gr.aduate,._: reported ",on-..a_survey:: -and questionnaire _ that he . had .circulated . in ,the Yakima_.Schooa .: .juvenile ...shop' •lifting . He .... gave .a..detailed. .report...-of-his.. ... findings_ ..and_.asked_the -City Council.- for suggestions as to how _to ..educate the_. youth..tha.t.,shoplifting.._is a:: serious :.:_crime::. Council members_ :suggested that he contact the Youth ..Commission, which, is ; a: voice :of. ..y'outh,•:.' and.' also. work with the Commu= nity - Relations Department. of,the..Police. Department. .. . Mayor Broad_ reported. that:. Mr. .,J.. S. (Bud) .- Applega-te, ._who -.has served- as -a - member of the . a Yakima Municipal .Park.- Board -,.. the Yakima Park Board :._and . -on' :the: Park -and .Recreation - Commis- sion, for .a...total...of approximately...25::years ,has _submitted' his _resignation: After some • discussion ,. by ..COuncii... members .regarding • Mr..Applegate'.s .many: years of dedicated service, -it was MOVED by Robinson,. seconded by Schussler that Mr...: A le ate resignation b pp g g n e • accepted and a. .letter_ of .appreciation be sent _to- him: .carried,.- :.Broad, Brown., Lust, .Robinson, Schuss- ler. and ..Whitaker :.voting .. aye by. .voice:vote ;. Lambert.. absent. Mayor Broad reported that. -.in discussion .regarding. a_.replacement for- Mr.. Applegate Dr. Donald' L. McGuinness had been suggested;. and:: that. Dr. McGuinness: has;.indicated that he will .:: be .willing :to.. serve ...if.. appointed. .. ...After due discussion, it was MOVED by Whitaker, seconded - by Schussler.. _that .._Dr....Donald L. McGuinness .. .be •_appointed :..to ..fill the vacancy on the Park . and Recreation::. Commission_ created, .by - -the resignation. of. J. S. (Bud) _Applegate., . to serve • the - unexpired .term which expires _January .1,. 1974, . . and ._.that•..;he be so _notified: carried,' Broad, ," Brown., Lust, Robinson, Schussler and Whitaker voting aye by voice -vote. - Lambert absent.' There being no further .. business.to come 'before: the Council , it was .MOVED by Lust, seconded I by - Whitaker.. that .we do .now adjourn. at the hour : of 10:45 P.M. carried,. Broad, Brown, Lust, Robinson, ,.Schussler -and Whitaker. - voting...aye "by- .voice vote. - _Lambert - absent. . - - " READ AND CERTIFIED A CCURATE BY .. , clfrAti .- . DATE. 6 ° z6 -7e COUNCILMAN ... L DATE Q, -2 L ',? L. COUNCILMAN . ATTEST.: ... . . , C I T Y , ( 6 _, /(. - . ‘-i----0-1, - ,. . : . . C L E R K , . .. - • • . . . .. • • •