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HomeMy WebLinkAbout10/02/1972 Special Meeting / Regular Meeting X442 • OCTOBER +2 }, 1972 MINUTES OF SPECIAL MEETING YAKIMA CITY COUNCIL OCTOBER '2 1972 The City Council met in special session pursuant to due notice at 1:00 P.M., at the Summitview Branch of the Regional Library, 5605 Summitview, Yakima, Washington. Councilmen present at the meeting were Mayor Bert Broad, Wray Brown, Jim Lust and Don Schussler. Also present were City Manager Craig McMicken, Administrative Assistant Jim Flint and Public Works Director, Dave Vargas. The open'ing`ceremonies at the Summitview Branch of the Regional. Library were attended. The Council then toured various City projects. The Special meeting adjourned at 3:00 P.M. REGULAR MEETING - OCTOBER 2, 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 presid- ing, Councilmen Brown, Lust, Schussler and Whitaker, City Manager McMicken and City Attorney Andrews present on roll call. Councilmen Lambert and Robinson absent on roll call. Councilman Robinson having been excused at a previous meeting, it was MOVED by Lust, seconded by Schussler that Councilman Lambert be excused from this meeting: carried Broad, Brown, Lust, Schussler and Whitaker voting aye by voice vote. The Invocation was given by Mayor Broad. The minutes of the regular meeting of September 25, 1972, and the Special Meeting of September 29, 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. Mark and Goldie Keith,and James and Carol Layne, being present, the second item on the agenda was brought on for action at this time. Petition No. 758, Notice of Intention to Commence Annexation Proceedings, having been filed with the City Clerk on September 28, 1972, by Mr. and Mrs. Keith and Mr. and Mrs. Layne, requesting annexation of .a two -block area extending easterly from. South 3rd Avenue to 1st Avenue, south of King Street to Pierce, it was MOVED by Lust, seconded by Whitaker that this date be set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated September 28, 1972, those initiating parties being Mark and Goldie Keith and James and Carol Layne: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye by voice vote. Lambert and Robinson absent. Mr. and Mrs. Keith and Mr. and Mrs. Layne stating that they are willing to assume their share of the City's existing indebtedness, it was duly moved, seconded and passed that the annexation pro - posed by Petition No. 758 (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume the City's existing indebtedness, "and that a notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above MOTION was made by Lust, seconded by Schussler and carried, Broad, Brown, Lust, Schussler and Whitaker voting aye by voice vote. Lambert and Robinson absent. This being the time fixed for the Hearing on Resolution of Intention No. D -1925, to improve property by the construction of domestic water mains in the vicinity of South 18th Street and McNair Avenue, City Manager McMicken reviewed this matter, stating that in June the Health Officer brought to the attention of the City Council some concern he had regarding typhoid in this area and as a result of subsequent meetings, discussion was held regarding the service of water to residents in the vicinity of this proposed L.I.D. After an initial discussion, the State Health Office, through the Governor's Office, offered to help and in that respect made available $20,000 to transfer the use of the well water over to using City water. Mr. McMicken reported that there was a meeting held at Child's School at which the 60 80 residents of the area spoke with City, County and State officials. A letter was then sent to the area to poll their interest in having the well connected to city water. This was answered by both property owners and renters, some against City water connection and some for. Mr. McMicken further reported that the State Health Officers and the local Health Officer felt there was a continued health problem and requested the City to form an L.I.D. for water service and theCCity Council has initiated the L.I.D. proceedings simply to get the matter before those property owners affected. He stated that the City has waived any of its outside utility require- ments and the project cost has been subsidized by the State Grant and explained in detail the L.I.D. procedures. Public Works Director, Dave Vargas, explained how the cost of the assessments were figured, reporting that the State Subsidy will take care of three - fourths of the cost for these property owners. Persons present and speaking against the forming of the proposed L.I.D. were Mr. Oral Judish and Mr. Archie Howard. Mr. Judish filed with the City Clerk, twelve of the Notices of this Hearing that were sent to the property owners in this vicinity, signed by these property owners, stating that they are against the formation of the L.I.D. He stated that he will be filing more of these protests. Council members indicating that they wish to wait until all the protests are in to see if there are 50% or more, before acting on the proposed Ordinance creating the L.I.D., it was MOVED by Whitaker, seconded by Brown that this Hearing be continued to the evening meet- ing of October 16, 1972: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye by voice vote. Lambert and Robinson absent. City Manager McMicken stated that a number of people are present regarding item No. 11 on the agenda, that of authorization to execute an agreement with Burlington Northern, Inc. and the'State.of Washington for Yakima Avenue grade crossing improvements, and asked that this matter be brought on for action at this time. He reported that a similar agreement was executed the previous week with the Union Pacific Railroad. Mr. McMicken reviewed the Yakima Avenue grade crossing project and stated that there has been concern evidenced about the timeliness of this job. Public Works Director, Dave Vargas, reported that the side - walks are being replaced at this time, that it will take the Union Pacific one week to replace their one crossing, and that Burlington Northern will have six tracks to relay , and hopefully it can be done all at once with about four days per track. Businessmen in 443' • OCTOBER 2, 1972 - the area speaking to this matter and asking that this project be delayed until after Christmas, because from this time through Christmas is their busiest time, were Lee Semon, Cliff Miller, Wright.Hawkes, Adolph Frank, Chet Meyer, Ed Reinertsen, Bob Schultz and several others. Several council members indicated that they would like to continue this matter for one week to further study the situation to see whether or not the, work should go ahead at the present time •on the Yakima 'Avenue grade crossing improvement and /or on the Walnut underpass project, or whether both should wait until after Christmas. Although the businessmen present were against continuing the matter for a week and felt a decision should be made at this meeting, Council members did not feel they could make a definite decision without getting some more - information. After due discussion, it was MOVED by Whitaker, seconded by Lust that the matter of-authorization to execute an agreement with Burlington Northern, Inc. and the State of Washington for . Yakima Avenue grade crossing improvements, be continued for one week or until October 10, 1972: carried, Broad, Brown, Lust, Schussler, and'Whitaker voting aye by voice vote. Lambert and Robinson absent. • City Manager McMicken excused at 4:15 P.M. Damage Claims having been filed with the City Clerk on September 25, 1972 by Harold J. Packer, 227 Cleman, in the amount of $231.50 for damages caused by a sewer backup and on September 28,• 1972, by George V. Lombardi, 315 W. White Street, Union Gap, for damages 2 caused to his automobile when .a picnic table fell•off of a City Park vehicle onto the . car, it was MOVED by Lust, seconded by Brown that said damage claims be referred to the City Manager and 'Staff for study and recommendation: carried, Broad, Brown,. Lust, Schussler and Whitaker voting aye by voice vote. •Lambert and Robinson absent. . It was MOVED by Brown, seconded by Whitaker that Ordinance No. 1445 relating to traffic control, designating speed limits on certain streets and amending the Yakima Municipal Code, be passed as read: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. -City- Attorney Andrews explained that this Ordinance is necessary to add two items -- that were inadvertently left out of Ordinance No. II 1442 passed on September 18, 1972, amending the speed limit on Sixth.Avenue.• - ORDINANCE NO. 1445, AN ORDINANCE relating to traffic control; designating speed limits on certain streets in the City of Yakima; and amending subsection 9.75.010 (a) of the City of Yakima Municipal Code. It was MOVED by Brown, seconded by'Lust that Ordinance No. 1446 fixing and levying ad valorem taxes for 1973, be passed as read:. carried, Broad,. Brown,• Lust, Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. City Attorney•Andrews explained that pursuant to a report on the current status of estimated revenue and the estimated expenditures - for -the 1973 Budget for the City of Yakima, the total net amount of $2,219,241 in revenue must be raised by ad valorem taxes on real and personal property within the corporate limits of the City, which amount is not in excess of the amount authorized by law to be raised from that source, and explained the matter briefly. He • further explained that this preliminary action regarding the 1973 Budget has to be acted upon on this date, in accordance with the laws of the State of Washington. ORDINANCE NO. 1446, AN ORDINANCE fixing and. levying the'amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 1973 Budget for the City of Yakima. . It was MOVED by Whitaker, seconded by Lust that Ordinance No. 1447 regulating advertising signs and adopting billboard specifications, be passed as read: carried, Broad, Brown, Lust,. Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. City 'Attorney explained that this amendment changes the billboard sign height from twenty -five to thirty -five feet, which will conform with the Code when the new sign code ordinance goes into effect and will allow a sign that is thirty -five feet in height to be installed at this time. ORDINANCE NO. 1447, AN ORDINANCE pertaining to licenses and business•regulations; regu- lating advertising signs and adopting specifications for billboards; amending Section 5.06.240 of the City of Yakima Municipal Code; and declaring an emergency. City'Attorney*Andrews referring to the matter of- authorization for settlement of pending condemnation action and acquisition of Nob Hill Boulevard right of way, explained that there had been four property owners -with -whom settlements could not be made, which had been the reason for Ordinance No. 1380 passed 24, 1972, calling for condemnation -- and acquisition of right . of way, =and ' -since •that time offers-have-been received' from these property owners which seem reasonable, and "Which - will settle the pending legal action. • After due discussion, it was MOVED by Schussler, seconded by Lust that Resolution No. D -1937 accepting offers of settlement and authorizing.payment for damages on acquisition of right of way.for the widening of West Nob Hill Boulevard and South 32nd Avenue, be passed as read: carried, Broad, Lust, Schussler and Whitaker voting aye on roll call. Brown temporarily absent. Lambert and Robinson absent. RESOLUTION NO. D- 1937 - , A RESOLUTION accepting offers of settlement and authorizing pay- ment of damages for acquisition of right of way for the widening of West Nob Hill Boule- vard and South 32nd Avenue. City Attorney Andrews absent after 4:40 P.M. In accordance with Council action on September 25, 1972, and a Resolution having been prepared, relating to Initiative 261, Private Sale of Alcoholic Beverages, and declaring opposition of the Mayor and Council to said Initiative 261, it was MOVED by Lust, seconded by Schussler that Resolution No. D -1938 relating to Initiative 261 and declaring • opposition of the Mayor'and Council to said Initiative 261, be passed as read: carried, Broad, _Lust, Schussler -and Whitaker voting aye on roll call. Brown temporarily absent. Lambert and Robinson absent. RESOLUTION NO. D -1938, A RESOLUTION relating to Initiative 261, Private Sale of Alcoholic Beverages, and declaring the opposition of the Mayor and Council of the City of Yakima, Washington, to Initiative 261. • AA i 444 OCTOBER 2, 1972 The Opportunities Industrialization Center will observe National 0. I. C. Day on October 11, 1972, and having requested a permit to conduct a promotional activity using a portion ' of the public sidewalk, it was MOVED by Whitaker, seconded by Lust that.Resolution No. D -1939 granting a permit for the temporary occupancy and use of a_portion of a public sidewalk, be passed as read: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. RESOLUTION NO. D -1939, A RESOLUTION granting a permit for the temporary occupancy and use of a portion of a public sidewalk for a promotional activity. It was MOVED by Lust; seconded by that Resolution No. D -1940, a Resolution of inten- tion to improve property by the construction of curbs, gutters and surfacing of certain streets and an alley and creating a Local Improvement District, Franklund's Pear Blossom & Others Paving District, in accordance with Petitions No. 731, 743, 751,and,752, and . fixing the time of hearing on said matter for October 24, 1972, be_ passed as read: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. . RESOLUTION NO. D -1940, A RESOLUTION of intention to create a local improvement district. . Offers to Sell having been received from Elmer and V.,.Mae Murray, and C.,H. and Doris Hagemeier, in connection with contemplated improvements to 40th Avenue, it was MOVED by Lust, seconded by Whitaker that Resolution No. D -1941 authorizing the purchase of right . of way property, be . passed as read: carried, Broad, Brown, Lust, Schussler and Whitaker voting aye on roll call. Lambert and Robinson absent. RESOLUTION NO. D -1941, A RESOLUTION authorizing the purchase of right of way property for 40th' Avenue improvements. • There being no further business to come before the Council, it was MOVED by'Lust, secondec • by Whitaker that we do now adjourn at the hour of 4 :45.P.M.: carried, Broad; Brown, Lust, Schussler and Whitaker voting aye by voice vote. Lambert and Robinson absent. • READ AND CERTIFIED ACCURATE BY 1 DATE \® ‘� 1 C UNC 27 • 6, 1Z✓ DATE /0-10-7g • COUNCILMAN ATTEST: O C I T Y Aff:: 4:14 • C L E R K M A Y O R • • • • SPECIAL MEETING YAKIMA CITY COUNCIL OCTOBER 6,1972 — 12:00 NOON Pursuant to due notice of special meeting of the Yakima City Council for October 6, 1972, due to a lack of a quorum, no special meeting was held on this date. Z71;474 _ o C I T Y C L E R K • • •