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Home My WebLink About09/18/1972 Special Meeting / Regular Meeting X 4 . 34 SEPTEMBER 18, 1972 •• _ MINUTES OF SPECIAL MEETING . . YAKIMA CITY COUNCIL ' • • • • SEPTEMBER.18, 1972 • • The City. Council met in .special.,ses,sion pursuant to due notice .at : P.M..., September 18, 1972, in the Conference Room at Yakima City Hall. Councilmen present at the meeting' were Mayor.Bert.Broad, Lenore Lambert, Wray Brown, Jim Lust, Don Schussler and Bill Whitaker., Also present were CityManager McMicken and City Attorney Andrews. . • . The Council discussed a.letter from the Yakima Property Owners' Protective Association com- plaining of activities' of the Planning Department. The Council took no action, but instead left it to the City Manager to handle the matter administratively. The Council then,met Nith_Jack Sparlin.g and p.ther.members of a committee working on the development of a:YakiMa Convention and Cultural• Center. Membership - on a committee for that purpose was, discussed and ,prospective members,,,approve,d.., . The special meeting adjourned at 8:00 P.M. REGULAR MEETING - SEPTEMBER 18, - 8:00 O'CLOCK P.N. • The City Council then met in, regular session .at; .the' hour• of 8:00 P.M.., Mayor Broad presid- ing, Councilmen Brown,'Lambert, Lust, Schussl'er and Whitaker, City Manager McMicken and City Attorney Andrews present on roll call. Councilman Robinson absent, having been ex- cused at the previous meeting. - The Invocation-was given by Councilman Lust. The minutes of the .regular meeting of September-11, having been. duly certified accurate by two Councilmen, and no one present wi to have said minutes read publicly, Mayor Broad_decla-red said minutes approved.as recorded. • Petition No. 756., having been filed with the City Clerk on September 15, 1972, by Albert A. Eslick and Clarence Corbin., requesting vacation of a portion of North.4th.Avenue, it was . MOVED by Brown, seconded by Schussler that Resolution..No. D- 1927_fixing the time of hearing for October 10, 1972, be passed as read: carried, Broad, Brown,. Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. • RESOLUTION NO..:D- 1927,'..A RESOLUTION.fixing the time and place for hearing on a petition for vacation of .a portion of N rth.4th Avenue within the City of Yakima. A Damage Claim having been.filed.with the City Clerk on September 8, 1972,•by Richard C.• Smith, 416.S. 23rd Avenue, in the amount of $2,883.75, for damages caused by water during a heavy rain storm, it was MOVED by Whitaker,- seconded by Lust that said Damage Claim be ' referred to the City. Manager and.Staff for study and recommendation: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent. • In accordance with action. taken by the Council on September 5,•_1972, and an Ordinance hav- ing been. prepared. amending. the Municipal Code to change, the speed limit on a portion of 6th Avenue (bicycle route) back 25 miles per hour, it was .MOVED by Lambert, seconded by Brown that Ordinance No. 1442 amending the speed limit on Sixth Avenue, be passed as read: carried, Broad,...Brown,.Lambert,.Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. • • • ORDINANCE NO. 1442, AN ORDINANCE relating to.traffic control; designating speed.limits on certain streets in the City of Yakima; and amending sub- section 9.75.010 (a) of the City of Yakima Municipal Code. It was MOVED by Lambert, seconded by Brown that Ordinance No. 1443 fixing. the time of delinquency and providing for- the - payment of.the unpaid portion of L.I.D. No..983, K -Mart Domestic Water and Sanitary Sewer District, be passed as read: carried, Broad, Brown, Lam- bert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. ORDINANCE NO. 1443, 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: 983, and providing for.the issuance of bonds with 'coupons attached for the payment of the unpaid portion thereof. Mr. Larry Robinson, representing the Yakima. Property Owners P- rotection Association, being. present, referred to the letter from this Association, which was sent to the City Manager and City Council members, complaining of activities of the Planning Department, particu- larly in reference to the help given Mr. Peterson, property owner outside.the Yakima City limits. Others present and speaking. to this matter were Mr. Herb'Schoff and Mr. and Mrs. Rich. Councilman. Lambert indicated that an attempt had been made tahelp Mr. Peterson save . his farm, by.inquiring of the F.H.A.., Council members, City Planning Staff and the County Planning Office, but it' was found that.no one could help him.. City Manager McMicken gave a verbal response to the letter from the-Property Owners Protection.Association, Inc., indicating that the question of..whether a City employee has.used his time properly. is one . which lies.with the City Manager .and after discussion with Planning Director Jay Otto, City . .Attorney Fred Andrews and Personnel Director Robert Hilsmann, is. Homer Matson and•Jay Otto and that in the future the Planning Staff should deal with problems relating. only to the City of Yakima. Mr. McMicken then stated that the Staff has full confidence in the Planning Department and the •work they are doing and read a letter signed by Pat Nagel of the Yakima Housing and .Renewal Committee dated September 18, 1972, praising the work that Homer Matson has .done and the many hours outside`•of regular office.hours that he has given to housing and planning work. No formal action was taken the Council. • 43 .SEPTEMBER 18, 1972 ' Mr. Larry.Mathews, being .present,. referred. to a Petition..si,gned..by. approximately 1850 people requesting a special.election •place'the matter of the Yakima - Valley Transporta- . tion . Company. Franchise .on . the ballot. He .stated. that this is not_ quite enough to place the issue on 'the ballot but shows :,the in.teres:t. of .:the ";.peo.ple and..asked that the Council place . this matter ..on the ballot at ,the- time of :the .General..Election so that a Special Election will not have to- be.. called for%in...the...Spring.: City. Attorney Andrews explained the legal steps that must be taken to: place :s.uch. a' matter .on the .ballot and :stated that it could be • done if.so:ordered by.the Council.. Councilman' Schussler stated that this matter has been . discussed. previously by.the Council -and it. has been decided that it. is .not proper to place ., this matter .on the-..ballot to be .s.ubmitted. to. the ..popular .vote _of. the people. ....Councilman . Lust concurred .with.Councilman..Schussler and stated:.that.the,Council has.decided previously • .. .what should' be done. .Mrs.. Lucy Valderhaug spoke to the.matter explaining. that she had an . - accident with the train and that.she feels.something.should be. done. City Manager McMicken explained. that the ..Council has_ asked the Staff to study. this matter and it is under negotiau on _. and study.: No formal action was.taken.. Mr :_. Floyd Weber,_Stock..Liquidator, discussed.the matter. of the Ordinance which, covers clos- . ing out_.sales and moving.sales. He.que stioned:the.fact that Sears and .Payless had to pay a.$50 fee .only for a.moving.sale •and others pay the..$50 fee plus.having to report inventory and pay $5.00•per $1,000.in_a•..closing out sale.... City. Manager McMicken explained that Pay- .. less.and•Sears'.sales were not closing out sales, but -were moving to another.place of busi- ness.or.relocating, and not considered a distress sale. City Attorney Andrews stated that it has.been. ascertained that there are some problems and questions regarding the Ordinance covering these..sales and..that the Council. may wish to study..this matter and amend the.Ordi- .nance.. . Councilman.. Lambert.. suggested. that- it be..appropriate to have some. suggestions in..writing as to what would be a model ordinance for the Council to study. No formal'actio _ was taken. . . A report having been received. from the Yakima .Youth..Advisory Commission re -a Teen Center, Pat Carroll, .Chairman,. was present to review the report and.answer questions. Council - . members indicated their and support of.a..proposed Teen Center and encouraged the Youth Commission'.'to continue their study-on this matter. . .In accordance with . action ,by the Council ...on:. September . 5., 1972, and legislation having been prepared to authorize. the calling-of .a .Special Election to..be held conjunction with . . the State General Election, for.approval or rejection -of Charter..amendment..pertaining to / .. the, reading:of proposed .legislation..before.voting• thereon,.it was MOVED by Schussler, . seconded by.Brown that.Resolution.NO. D -1928 authorizing the calling of said Special Elec- tion.,.be passed -.as read: carried, Broad, Brown,,Lambert,•Lust, Schussler and Whitaker'vot- ing aye on roll call. Robinson absent. ' RESOLUTION NO. D- 1928.,.A RESOLUTION providing .for_:.the...submittal..to the electors of the City of. Yakima, Washington.,.at•a special - election to be:- held with the State Gen - eral Election.to be held. November 7, 1972, of - a proposition as to whether Article VI; Sec- tion 1, of the.Yakima City Charter shall be amended. . • . .. City . Manager .McMicken...referred. to - the.,.matter..of. authorization...to :..execute :a Grant Award Con - .. . - tract with the Law and..Justice Planning Office:.of .the .State' of Washington and .the. Yakima Center for Youth,Development and Change.project. .He•explained:that.the'City is, the.public agency.authorized.to receive and.account for such.a.grant.• After due discussion, it was i MOVED by Lambert,.seconded -by Schussler•that Resolution No. D the.execu- tion,of said Grant Award Contract, be passed as read:. carried,,Broad, Brown, Lambert, Lust, . . Schussler and Whitaker voting aye roll call:. Robinson absent. . RESOLUTION NO. D- 1929; A RESOLUTION authorizing_and directing the Mayor and City Clerk of II the.City..of Yakima.to execute a Grant..Awar.d Contract.wi.th the State of Washington, Planning and Community Affairs Agency, Law and Justice Planning Office, for the Yakima Center for ' Youth. Development and Change project. - City Manager McMicken.referred to the matter.of Ratification of contracts pertaining Yakima Convention and Cultural Center..planning.. He explained that the City previously engaged Paddock and Hollingbery, Arch.itects,..to:.perform professional..services for .the. liminary design of.a Yakima Convention and Cultural Center,.and such services have.been per . . formed and the preliminary.plan reviewed and it is necessary to ratify said contracts and,. to .authorize payment in the amount.of $2,500 and also to ratify payment of_$288.75-to . .. Graham Studios, Inc., for: professional art work ..performed. .in• connection with .the architec- . . .tural services.. After due discussion, it was MOVED by Brown,: seconded by.Whitaker that . Resolution No.. D 1930.ratifying: said contracts pertaining to Yakima Convention and .Cultural .Center,be.passed._as read: carried,.Broad, Brown, Lambert, Lust, Schussler and Whitaker . voting aye on roll call. Robinson absent. t .. RESOLUTION NO. D-1930, A.RESOLUTION ratifying an..agreement to-engage Paddock & Hollingbery, Architects, and authorizing payment for professional services for the preliminary design of ..a Yakima.Convention and Cultural Center.) City Manager McMicken..referring to the matter. of.Authorization to..execute...agreement renew- " .ing pipeline crossing agreement with Yakima Valley.Transportation:Company for another five years, and .recommending that said renewal..of the agreement be ':authorized, it was MOVED by Brown, seconded by Lust that Resolution :No. D- 1931...authorizing the.execution of said renew- . .alagreement,.be.passed as read: carried, Broad,.Brown, Lambert, Lust, Schussler and Whitak- .voting aye on,roll call. .Robinson absent. RESOLUTION NO. D -1931, A RESOLUTION authorizing..and..directing the. City Manager and City v .Clerk of.the City of Yakima to execute an. agreement.renewing a.Pipeline:Crossing.Agreement .with Yakima Valley Transportation_Company. . ' 4 . City Manager McMicken explained that.the work has been done on a, City truck that was damag- ed and.it is.necessary_to.-authorize payment for said_work..in the amount.of $730.31 without .calling for bids... He further explained that, instead of the Insurance Company paying the bill, the Insurance.Company will pay the City and the City will pay the bill. After due discussion, it was MOVED by Whitaker,. seconded by Lambert that Resolution No. D- 1932.auth- . orizing said payment for work, labor:and materials to repair a Didge pickup without .calling . .for.bids, be passed as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker .voting aye.on roll call. Robinson absent. • • J 436/ SEPTEMBER 18, 1972 RESOLUTION NO. D -1932, A RESOLUTION .authorizing :paymen.t for work, labor._ and... materials to repair. a. Didge. pickup without..calling for bids: City Manager McMicken referred_to, his Report #156, Midblock Crosswalk- on_Third_.Street and reviewed.this. report. He stated that. he_ feels that .the..--mat.ter_ deserves...further. study and recommended .that this. be referred .to .the .Downtown Merchants' .Association for their . infor- mation and advice.. After due.discussion.,.it was MOVED by Lambert,.seconded by Lust that the matter be referred.to the - Downtown ...:Merchants'•Association as..recommended_by.City Mana- ger Report. #156: .carried, Brown,. Lambert, Lust.,. :.Schussler.and.Whitaker.voting aye by voice vote. Robinson absent. City Manager. McMicken reported that,the,.Time.0i1 Company is located on the. Southwest corner of 18th.Street at Nob_Hill Boulevard and.is .requesting. domestic water service for two fami- ly residences located on the large lot and. recommended .tha.t.this.request approved. Af- ter due discussion, it was.MOVED by.Schussler,.seconded by 'Brown that said request .for Outside utility service be approved with the usual signing of the Outside Hookup Agreement: carried., .Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent. City Manager McMicken reported that one bid .only was- received_.and considered..by.a Bid.Board on September -8,. 1972, on Rowe. Hill Wells - Pump & Water - System Installation, from Fosseen's . Pump and .Irrigation in the amount of $11,729.55,. and that the City Engineer reports that this is a satisfactory bid., and..reconimends awarding the contract to Fosseen's. After due . discussion, it was MOVED by Schussler; by Lust that the recommendation of the City Engineer be-accepted and that the contract_ be awarded.to Fosseen's Pump and Irrigation in . the amount of $11,729.55, and that the .City Manager be authorized to enter into a contract with said contractor upon the filing of the proper bond and'insurance: carried,.Br.oad, Brown, Lambert, Lust, Schussler.and.Whitaker voting aye by voice vote. Robinson absent. City Manager McMicken requested. authorization for' the. following out -of -State travel requests: . 1. Ed Lexa, Fire Department,.to travel to Portland, Oregon. to attend the _Northwest Fire Investigators' Association Meeting October 5.and 6, 1972, 2. Lee Willson, Fire Department, to attend the-Western Fire Chief's Fire Conference . in Anaheim, California, with - expenses paid. 3. Homer Matson, Planning Department, to Portland., Oregon, to attend the.NAHRO Pacific Northwest. Regional Council Biennial Conference September 27 - 29, 1972. • 4. .Dave Vargas, Public Works Director, to Minneapolis, Minn., to attend the American Public Works Congress and Equipment. Show, and meet with Burlington*Northern officials - September .24 - 28, 1972. After due discussion, it was.MOVED by Lambert,'seconded by Lust - that said travel'be approved with the requested expenses paid: carried, Broad, Brown Lambert, Lust, Schussler and Whitaker voting aye by voice vote.. Robinson absent There.being -no further business to come before . the - .Council., ..it,was MOVED_b.y Whitaker, .secon- ded by Lust that we do now adjourn at the.hour of 10:10 P.M.: carried., Broad, Brown, Lam- bert, Lust, Schussler and Whitaker voting aye by' voice vote. Robinson absent. READ AND CERTIFIED . ACCURATE BY Ct• ail/ 7j- 'DATE 9/2 5/72. COUNCILMAN Q,r3 DATE k s `c COUNCILMAN ATTEST: C I T Y C L E R K M A Y O R 1. • • • •