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HomeMy WebLinkAbout10/16/1972 Special Meeting / Regular Meeting 451 • OCTOBER 16, 1972 . •' - MINUTES OF SPECIAL MEETING . • YAKIMA CITY COUNCIL`. , • • . • • - OCTOBER 16,1972 The'City Council met in special - session. pursuant to:due notice at 6 :30 P.M:, October 16, 1972,=in the Conference Room at Yakima Hall. '••. ' Councilmen present at the meeting were Mayor Bert - Broad "; Wray Brown, Lenore Lambert, Walter Robinson, Bill Whitaker. Also present was City Manager McMicken. - Walter Robinson reported on a suggestion eliminate parking meters from the downtown . area. The was discussed, and the' Council agreed' that the idea should receive further attention in view of other plans for the downtown area. The Council agreed on Wednesday,•Odtober 25, 1972, for a meeting with Police and Tire 'representatives to consider the impasse in budget' negotiation. • The Convention and Cultural Center Plan was - discussed and it was agreed "that the Foster . and*Marshall bond plan was the best. The Special'Meeting adjourned at 8:00 P.M. . 'REGULAR MEETING - - MONDAY,. OCTOBER 16, 1972 - 8:00 O'CLOCK P.M. The City Council met in regular - session at the hour of 8:00 P.M., Mayor Broad pre- siding; Councilmen Brown, Lambert, Robinson, and Whitaker, City Manager McMicken and City'Attorney Andrews present on roll call. Councilmen Lust and Schussler being absent, it was MOVED by Robinson, seconded by Brown that Councilmen Lust and Schussler be excused: • carried, Broad, Brown, Lambert, Robinson and Whitaker voting aye by voice vote. The Invocation was given by Councilman Brown. The minutes of,'the special and regular meetings of'October 10, 1972•, and the special - meeting of October 13, 1972 - having been duly•cert accurate by two Councilmen, and no one present wishing have sa'id'rtinutes read publicly, Mayor Broad'declared said minutes approved as recorded. This being the time fixed for the continuation of'the Hearing .oil the= Resol'ution'of Inten- tion-No. D- 1925; .to improve , property •by the cdristruction of domestic water mains in the vicinity of South 18th Street and McNair Avenue, having been continued from October 2, 1972, City Manager'McMicken referred to,thelErigineer'•s report showing'32% written protests which .had been: filed - through .October 12, ' 19.72 -;. Mr. Ora1Judish, being :present, stated that he had at least 14 more protests ready to file, which will make a 63% protest. These were filed with the City Clerk at-this meeting -and Dave Vargas; lic Works Director, figured the of protests` on these and confirmed the fact that there is approxi- mately 61 %'protest ;'which is well over the 50% figure that - the - Council usually uses to • protest out a proposed L.I.D. Councilman Robinson referred to a letter from the Associa- tion of Health Services : wr.itten - October 11, 1972, in which tests were reported which proved - contamination'of the Abbott well and offered water • supply. from the City of to the unincorporated Fairview -Sumac - area. Dr. John Fout, district health - officer,. being present, stated that if the river rises again -this year as it d'id in June of this past • year, will - the danger of another outbreak of Typhoid Fever and expressed the . concern of the State Health Department in this matter. Councilman Lambert, speaking of the status'of. the application'for Federal Funds that were to be used for the proposed L.I.D., stated that until there is a decision - as t� the use of the funds, the application is dead. CouncilmenTobinson and Whitaker requesting that the matter -be dropped, it was informally agreed by all Councilmen present to drop the proposed L.I.D. and no further action was taken. -•" An :Ordinance .appropriating $19,000 Within :the Traffic. Department of the - General Fund-to make fore the TOPICS study program, having - been 'read in its en- tirety -at the pre- vious meeting, was-read by title only -at this meeting. City Manager McMicken - explained • that the reason for the Ordinance is to include Union Gap, Selah, and the County in the TOPICS study '.He explained •:that. the. City, having started the TOPICS study, is the • pass-through . agency, whereby the bills will. be coming to the City.to be paid and will be reimbursed, each government paying.•for their share of the - expanded project.• , It was'then, MOVED by Robinson-, seconded that Ordinance No; 1452, providing for said appropriation, be passed. as read: •l! carried, 'Broad, . Brown, 'Lambert, Robinson -and Whitaker voting aye 'on roll-call. Lust and Schussler absent. • ORDINANCE•N0. 1452 appropriating the amount -of $19,`000 from -unappropriated - money in 000 - General Fund to Account 033.542.11.31, Professional Services, of the 1972 appropriation for 033 - Traffic. Mr. 'Bin: Horst.,. 'Chai-rman of the. Negotiating Team for•• the Firefighters Association, being present, spoke.on the matter of wages for the 1972 -1973 period, and noted that an impasse • has been reached with the - City. He asked .'for••a future meeting for negotiation and presen- tation. Mayor Broad, stated that the Council would meet on Wednesday, October 25, if aggreeable". : 'Mr' Horst: agreed . to meet on Wednesday, October 1972, at 8-:-00 ' P.M.. in a special Council meeting to be held in Council Chambers. Mr. Anton - Wentz, representative of the Yakima. Police Patrolmen's Association, stated that this arrangement for a meeting was ag.reeable with them'.' • .- .. . - • • Mr. Philippe Marmorat, representing the Yakima Chamber of Commerce Merchant'sAssociation, requested that the City shoulder the burden of the Christmas decorations this year. City Manager McMicken referred to an earlier request by t -he Chamber of Commerce for-City assis- tance with the Christmas decorations. There was" d•i'scussion•as to 'the ownership of the. decorations and the equipment needed to put them up and remove them. Council members • expressed interest in` in -kind support'for this ''year: Mr. Ma'morat'stated that this matter ccould be delayed to bring together the Downtown Merchants,-but expressed a need for help and an appreciation of any the City cduld give. Council members informally decided to wait to make a decision on this matter until they have a report from Public Works Director Dave Vargas, as to the storage, removal and number of men required for assistance with the decorations. 452 OCTOBER 16,-21972 • , Mr. Larry Lenz, Soil Conservation Agent; being present, spoke on the matter of Resource Conservation and Development projects, giving a detailed explanation of its aims and organization, and the steps whereby the City could become sponsor. He further explained that it takes two counties•to become a sponsor and that Yakima and Kittitas Counties could be so designated, and asked -.if the City of Yakima would become a sponsor.'Be. explained how the project is financed and how an application for a project is prepared. and.,submitted by the legal sponsors. City Manager McMicken stated that he could be the staff represen- tative and that the Mayor could be designated the representative initially. After-due discussion, it was MOVED .by Robinson, seconded by Brown that,,the City' of .Yakima become. a sponsor of the Resource Conservation and Development projects for Yakima and Kittitas Counties and that- the Mayor benamed as the representative: carried, - Broad,, Brown, Lambert, Robinson and Whitaker voting aye by voice vote.. Lust -and Schussler absent. City Manager McMicken referred the matter of garage sale regulations to City Attorney Andrews, who reviewed this matter stating that after consideration of a - proposed.Ord.inance previously, the Council had referred the matter back to :the'Staff-for. further report and recommendation, and that the present report is the result of the efforts of City Clerk Jack Daniel, Planning Director Jay Otto, City`Attorney_Andr-ews and discus.sions,w.ith Police Chief Jack LaRue. The problem was noted to be that of .regulating continuous garage sales which are in competition with second -hand dealers and those second -hand dealers showing oppcjsit "ion, and also allowing for casual yard sales to continue. C.ity-AttorneyAndr.ews • brought on the proposal for amendment to the Yakima Municipal Code, Section 5.64, defining second -hand businesses. The amendment would prohibit yard and.garage. -sales more than twice in one year and for more than four consecutive days. If held more than four days, such persons'.would be considered second -hand dealers and would require licensing. 'City. Attorney Andrews stated that Police Chief Jack LaRue agrees .that..regulations..should..be revised, and explained that there would be a $250 fine for. those not complying.with the new regulations. If operating less than 600 hours a year, they need not pay a license. . City Attorney Andrews indicated that he believes this approach will satisfactorily. control those unlicensed persons engaged in business. It would not prohibit casual garage sales in the residential area. It could be applied -,..in zoning a•nd:,licensi-ng in the .city,:.but, would require more work with City Clerk Jack Daniel on licensing revisions. Councilman Brown expressed. appreciation for the amount of work necessary to come up with these recommendations. Mr.-Lewis, being present, spoke to the matter of signs advertising garage and yard sales which are posted on poles near his property and asked about legi.- slation prohibiting such practices and asked what protection is available. .•It was. that the. License Department does not make allowance for putting signs on any poles. Mayor Broad asking for information on the placing 'of signs on poles, City Manager McMicken stated that at the time.the revised Ordinance is brought back, further information._con- cerning these signs will be presented. It was then MOVED by.Robinson, seconded by 'Lambert, that a revised Ordinance-be prepared with the stated.revis'ions: carried, Broad, Brown, Lambert, Robinson and Whitaker. voting aye ,by voice vote., Lust and Schussler absent. . • •. ' • Public Works Director Dave Vargas reported on the matter of Pet:ition.No. 757, which had been filed by 48 property owners on Upper Yakima Avenue, reviewing their- reasons and' the action requested. He stated that he.is in favor of the petition Which requested 'a speed reduction from 30 miles per hour to 2.0 miles per hour,•.the erection of.stop signs for the east -west traffic-on 22nd and Yakima and, on 24th and Yakima.•AvenueM...th an alternative Of the placing. of, speed bumps. .Mr. Vargas recommended an :alternative of a four -way stop at 4 , 6 the intersections of 24th and 3,2nd Avenues. Mr. Paul Edmondson, being present, spoke in - favor of the erection of stop signs and 'a reduction in speed, indicating that the high • speeds were hindering the older people and children in.that,-area from getting around... He fully endorsed the stop signs on 24th and 32nd Avenues and. -a reduction of speed..from 30 : to 25 miles per hour. After due discussion, it was MOVED by Whitaker, seconded by Lam- bert that four -way stop signs be erected on 24th and Yakima : , .Avenue:and 32nd and Yakima .Avenue and that speed limit be left the same: carried, Broad, Lambert and Whitaker - voting aye by vote. Brown and Robinson voting nay by,voice vote.: Lust and Schuss- ler absent. . Public Works Director Dave Vargas referred to the problem of the Naches - Yakima-Avenue intersection and reported that the Traffic Engineer recommended that erection of signals at this intersection would,be the answer to the existing problem. There was discussion• on permitting right .turns. and restricting left .turns onto Yakima Avenue.. It. was noted • that this '.would create more . problems on 4th and 6th Streets. ‘ if- people are forced to turn • right. Traffic Director Al Ray stated that it will cost , from $25,000 to•.$30,000 for the installation of the needed traffic signals at this intersection.' Discussion bringing but that there are no-available funds at the present time, or plans for :thi.s intersection in • the near future, it was MOVED by. Brown, seconded by Whitaker that this be placed as a priority for the 1973 Budget and that plans be made by the Public Works Department for the installing of signals at the intersection of Naches and Yakima Avenue: carried, Broad, Brown, Lambert, Robinson and Whitaker voting aye' by voice vote. - Lust and Schussler absent. . Assistant Planner, Ray Sturtz, referred to :the matter of the outside utility request for water service to the Texaco Service Station located•at 4002 Naches Highway, as requested by Mr. Ike.Bar-uch, and reviewed the Planning Staff report and Planning Commission- Minutes, which recommended denial of this request for . the following reasons :. • 1. The City would-be encouraging,scatterization and development without adequate land use controls. • . • .- . • 2_, The site was developed prior to the submission of an outside utility request and can be considered a minimal development in regards to landscaping and other site amenities. • •3. Promotion of commercial development this far removed from the city boundaries is not in the best interest of the City's established business district. 4. The signing of the development does not meet Yakima _County Zoning requirements. • • 453 OCTOBER 16, 1972 Discussion brought out that Mr.'Baruch filed an appeal from the Commission:';s denial of his.request,'which brings the.matter to the'. Council. for action. In light of." the problems connected with extending city services to development, it was MOVED by Whitaker, seconded by'Lambert that the recommendation of the'Planning Commission accepted and that the request from Texaco for outside utilities be denied: carried, • Broad, Brown, Lambert, Robinson, and Whitaker voting aye by voice vote; Lust and Schussler absent. City'. Manager McMicken referred to the outside utility request for sewer service to 708 West Mead Avenue, requested by Mr. George Mitchell for service for an existing single- , family residence and that the Staff recommended approval of the request for the following reasons: 1. The single- family residential land use,is conformance with the General Plan and surrounding land.use. 2. The property served without extension of City services. ' '- 3. The annexation of the single lot would not be.practical.at this time 4. The applicant has signed an o.utside.utility agreement. • :Upon presentation of these facts, it,was MOVED by Robinson,. seconded by, Whitaker that the request-of Mr. Mitchell be granted: carried, Broad; .Brown,' Lambert, Rob,inson, and Whitaker voting aye by voice 'vote. Lust and Schussler absent. . City Manager McMicken reported that Bids were received and considered, by a Bid Board on ,. the construction of Fire Stations No. 1 and 5, 5 , as follows:_ . 1. . Hill Construction of Yakima : $748,000.00' . • 2. V. K. Powell 765, 3,00.00 . , 3. Gilbert Moen 823,000.00 • . . 4. Cook -Lewis ..' - ' 829,700.00 -" 5. • Nelson of `Spokane. 839,'333:00 Architect Ron Cameron reviewed the Financial statement on'the Fire Bond Issue, including the recommended changes and deductions for Fire Stations No. 1 and 5 and recommended, along with the City Engineer that the bid be awarded to Hill Construction, who submitted the lowest and best bid. After due discussion, it was MOVED by Whitaker, seconded by Robinson that the recommendation:of the City Engineer and Mr. Ron' Cameron; Architect,' be accepted .and that the contract be'awarded to Hill Construction who submitted the lowest and best bid in the amount of $748,000.00, less deductions, $729,283.00, and that the City Manager be authorized to enter into contract with said contractor upon the filing of the proper bond and insurance:. carried, Broad, Brown,• Lambert, Robinson, and Whitaker voting aye by voice vote. Lust and Schussler absent. City Manager McMicken referred to the letter received from Foster &Marshall in which they offer their consultant services for•the proposed_Yakima Convention and Cultural Center and recommended that we engage these professional financial consultants. After due discussion, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1943 engaging Foster & Marshall as financial consultants be passed as read: carried, Broad, Brown, Lambert, Robinson and Whitaker voting aye on roll call. Lust and Schussler absent. RESOLUTION NO. D -1943, A RESOLUTION engaging professional financial consultant services of Foster & Marshall, Inc., for a proposed Yakima, convention and cultural center. • City Manager McMicken referred the matter of the proposed Don Larson Modified Lease Agreement to City Clerk Jack Daniel, who explained the reasons for the Modification and that it is to be a prelude to the lease agreement with the Federal•Aviation'Administration for construction of the new Airport Control Tower. After due discussion, it was MOVED by. Lambert, seconded by Robinson that Resolution No. D -1944, authorizing said lease modifi- cation agreement be passed as read: carried, Broad, Brown, Lambert, Robinson and Whitaker voting aye on roll call'. Lust and Schussler absent. • RESOLUTION NO. D -1944, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease modification agreement with Donald A. Larson, d/b /a Helicopter Services Company. City Clerk Jack Daniel further reported on the FAA Lease.Agreement for the construction of a new Airport Control Tower, the FAA having selected Yakima to receive this Tower. Mr. Daniel reported on the cost of this project to the Federal Government and City, and ' stated that these costs are included in the 1973 Budget. With the use of a map, he • explained 'the plans for the City to grant an easement for an access road. Construction is to start early in February, with occupancy by August 1973. After due discussion, it was MOVED By Brown, seconded by Robinson that Resolution No. D -1945, authorizing the _ II execution of this:Lease Agreement and Operation Agreement for the Airport Control Tower be passed as read: carried, Broad, Brown, Lambert, Robinson, and Whitaker voting aye on roll call. Lust and Schussler absent. RESOLUTION.NO. D -1945, A RESOLUTION authorizing and directing, the City Manager and City Clerk of the City of Yakima to execute a Lease Agreement and Operation Agreement for Airport Control Tower with the United States of America, Department of Transportation, Federal Aviation Administration. • r 454. OCTOBER 16, 1972 City Manager. McMicken referring to the contract for-,.work, labor,. :and. materials, ..entered.. into by the.-City of Yakima and. Superior, Asphalt & Concrete.Company for the B.Street.and Lincoln Avenue Grade. Crossings .Pr -oject.and,explained that both, parties desire that.contract to be amended... It .was MOVED by, Brown, ,seconded .,by Robinson,. that Resolution : No. .D -1946, authorizing the execution of : a •Memorandum ,-of • :Amended Agreement,..be pas sed, as.:.read: .. . carried, Broad, Brown, Lambert,' Robinson.and .Whitaker.voting aye. on roll'call..., Lust.and Schussler absent. :• . , RESOLUTION NO. D -1946, A RESOLUTION authorizing and directingLthe City Manager and City Clerk of the _ City of. Yakima to. exrcute . a. Memorandum. of Amended_: Agreement .with Superior.. Asphalt &. Concrete, Co.. .. .. . .. . . . . City Manager McMicken referred to the matter of authorization to settle pending lawsuit between the City of. Yakima .and Slurry Seal of Southwest_Washington,.to -City Attorney Andrews who reviewed the fact that some time ago the City.of,Yakima had engaged Selah's 'Attorney to prosecute a claim one, behalf of the City and join with Selah's suit against the Slurry Seal Company,. Yakima's claim being-,$10,,048,and .,Selah',s..claim amounting to $13,175, and a settlement having been negotiated for $20,000 with $11,400 as settlement for Selah and $8,600 as settlement for.Yakima, and recommended-.that this.settlement be accepted by the City. After due discussion, it was MOVED by Robinson, seconded by Whit - aker that Resolution No. D-1947 accepting the offer of settlement,be passed as read: carried: Broad, Brown, Lambert, Robinson and Whitaker voting aye on roll call. RESOLUTION NO: D, -1947, A RESOLUTION accepting an' offer of settlement of pending litigation entitled Town of Selah and City .of.Yakima,.Plaintiffs,. vs. Claude.S. Willis and-Shirley. M. Willis, d/b /a/ Slurry Seal of Southwest Washington, Defendants, Cause No. 54866 in the Superior Court of, the State of Washington in and for Yakima.County. .. . • City Manager McMicken reported on the appointment of the Citizens Task Force to assist in the development and.means of financing the proposed Convention .and Cultural Center. A list of those persons appointed to the Task Force Committees, under the leadership of Jack Sparling, Chairman, being made available to the Council, it was -recommended that - these appointments be approved as presented. After due discussion, it was MOVED by Robinson, seconded, by.Whitaker that the Citizens Task Force appointments.be approved as recommended: carried, Broad, Brown, Lambert, Robinson and Whitaker voting aye by voice vote. Lust and Schussler absent. , There being no further- - business to come before the Council, it was .MOVED by..Whi- taker, seconded by Robinson that we do now adjourn at the hour of 11:25 P.M.: carried, Broad, Brown, Lambert,_. Robinson .and Whitaker..voting aye .by - voice vo.te.:.. Lust and Schussler absent. _ • READ AND CERTIFIED ACCURATE BY : 7 �,� 07 .DATE. 7O _° Z¢ °72 • • . . COUNCILMAN _ _ . . . •u i , / / :V v /V'` Q� DATE • /(� /.— , .COUNCILMAN. ATTEST: • 1173"'''. . . , ,„.40.7 o C ITY CLERK MAYOR.. - .• . . . , . . • • • • • • • L_ , .