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Home My WebLink About10/30/1972 Special Meeting / Regular Meeting . 461 OCTOBER 30, 1972 ' • ' • ' MINUTES OF 'SPECIAL MEETING • .• YAKIMA CITY COUNCIL . OCTOBER 30, 1972 The City .Council met in special session pursuant to due notice.at 1:30 P.M :, October 30, 1972, in'the' Conference Room at Yakima City Hall: Councilmen present at:the'meeting were Mayor Bert Broad, Wray Brown, Lenore Lambert, Jim ' Lust, Walter Robinson, Don Schussler and Bill•Whitaker. Also present were City Manager McMicken and City - Attorney' Andrews'. • • - • The City Manager notified the Council of the schedule for meetings of various committees of the Yakima Convention and Cultural Center Task Force. • The Council discussed filling vacancies - •on boards and commissions, one' of which is .a vacancy on Building. Code• Board' of Appeals created the death of Stan. Lebens; and another vacancy consisted of one on the Planning Commission. No decisions were made on this.lsubject. • . _ _ . . .. .... . The City, Manager discussed technology transfer and next steps, if to be taken on • this project. No decision was made by the Council. -' '- The City Manager and City' Attorney' gave a preliminary report to the Council concerning landscaping recommendations for the equalizing reservoir. The final plan and recommenda- tion will subsequently be made to the Council for • The meeting adjourned at 3:00 o'clock P.M. ' REGULAR MEETING - OCTOBER 30, 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 pre - siding, Councilmen Brown, Lambert, Lust, Robinson, Schussler and Whitaker, City-Manager McMicken. and City.'Attorney.Andrews present on.roll call. The Invocation was given by City Manager McMicken. • Councilman Lambert asking to be excused.at this time, it was MOVED by Robinson, seconded by Lust be. excused : Broad,• :Brown, Lust, Robinson; Schussler and.Whitaker voting aye by-voice vote : - . -• •• • The: minutes - ofihe special and meetingsof October x:24, 1972, and _ the ' special meetings.of October 25, 1972, and October 2.7,1972, 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. . • Petitions No. 761 and 762, having been filed with the City Clerk on October 27, 1972, by F. E. Wilts and others, requesting improvement of property'by'the.construction of curbs, gutters.and surfacing, and:construction of water'mains_for:Garrett'Street between North 16th - and - 18th.Avenues,_it.was MOVED :by Robinson; seconded by Lust that: said:petitions, for the creation of Local Improvement Districts be referred to City Manager and Staff for :study_and.recommendation: carried, Broad, Brown;'Lust,- Robinson,'Schussler and - Whitaker voting.aye by, voice vote. Lambert absent. A Damage Claim having •b.een. filed. with the• City. Clerk on' October 25', 1972, by S. J. Jacobson, in the amount of $70.88, for damages caused to a door during an entry by a Yakima Detective, it was MOVED by'Lust, seconded by Schussler that said Damage Claim be referred to the City`:Manager :andStaff for - study =and :recommendation: ..carried, - Broad, Brown, Lust, :Robinson; Schussler.and voting7aye'by voice vote.• Lambert absent. An Ordinance appropriating the amount of $5,890 to the'General Fund for Visitors and Con- vention Bureau and Chamber of- Commerce purposes, having been read its entirety at the meeting. of October 24; 1972, , and'having.been read'by' title only:at this meeting, it was MOVED by Lust, seconded by Brown that Ordinance No.'1457,`providing for said appropriation be passed as read: carried, Broad, Brown, Lust, Robinson, Schussler and Whitaker voting aye on roll: call . Lambert absent: : . _. _... ORDINANCE NO. 1457, AN ORDINANCE appropriating the amount of $5,890 from unappropriated money in 605- Contingency Fund to Account 585.00.42, Miscellaneous, within such fund; transferring. that amount from 605 --Contingency. Fund to 000 - General Fund; and appropriating ,various amounts from .•unappropriated. money in 000- General Fund to.the 1972appropriation: for_ various - :accounts :within.such:_fund: _ c_r: = . • • - . - : .: = • An Ordinance appropriating . the amount of $27,675 to transfer funds for the benefit of the Yakima Center, -for Youth .Devebopment :and rChange . - having ,been read •::in its entirety -.at .the • previous -.meeting, of October 24, 1972, and ibeing: r.ead.:by title only at this' meeting;' ' was MOVED Lust, seconded by Robinson that Ordinance No. 1458, providing for said appropriation,.be passed as read:. carried,oBroad, Brown, Lust, Schussler and Whitaker voting aye on roll call. Lambert absent..•City McMicken explained that this appropriation _,is to provide for a transfer of :budgeted _funds. torbe received-by a Law. and Justice Grant. . ORDINANCE NO. 1458,; AN ORDINANCE appropriating the amount of $27;675 from.unappropriated money in 000 - General Fund to Account 031.586:00.31,. Professional Services, of the 1972 appropriation for 031- Police Department. City Manager McMicken explained that on approximately ,five different occasions top soil had been purchased for the Southeast Community Center, with the total amount of $555.05 exceeding the bid limit and so payment must be authorized by Council action. Mr. McMicken further explaining,that this is part of the City's contribution to the field area, it was MOVED by Lust, seconded by Whitaker that Resolution No. D- 195.0, ratifying the purchase of top soil without calling for bids, be passed as read: carried, Broad, Brown, Lust, Robinson, Schussler and Whitaker `voting aye on roll call. Lambert absent. I 462 • OCTOBER 3O,1972, RESOLUTION NO. D -1950, A RESOLUTION ratifying the purchase of materials without calling for bids, and authorizing payment. • City Attorney Andrews explained the need for legal defense in the suit filed against Polic_� Chief LaRue and former Police Chief - .Madden and also the suit against Animal Control Office Delbert Trimble. Be stated that investigation of the matter revealed evidence which supports the findings listed in the proposed Resolution. He further explained that these claims are not covered.by'.insurance and that any future proposed settlement would require further Council action. After due discussion, it was MOVED by. Robinson, seconded by Lust that Resolution No. D -1951, providing for legal defense for the claims against the Yakima Police officers be passed as read: carried, Broad, Brown, Lust, Robinson., Schussler and Whitaker voting aye on roll call. Lambert absent.. . RESOLUTION NO. D -1951, A RESOLUTION providing.for the legal defense of tort claims against Yakima police officers in Cause No. 3718,in the.,United States.District,Court, for the Eastern District of Washington,4SouthernDivision, entitled_Cecil vs.-.LaRue,.et al. -. It was then MOVED by Robinson, seconded by Lust that Resolution No. D -1952, authorizing legal defense for the claim.against Animal Control Officer Delbert Trimble, be passed as read: carried,.Broad, Brown, Lust, Robinson,.Schussler and. Whitaker voting aye on roll call. Lambert absent. RESOLUTION NO..D- 19:52,. A RESOLUTION authorizing theCity Manager to engage legal counsel to defend the:.City of Yakima and to defend Delbert Trimble and;Jane Doe Trimble, husband and wife, against a claim filed in Cause.No...55467 in the Superior Court o.f the State of Washington, in and for Yakima County. Cit,y,Manager McMicken reported on several Off the - Agenda items. He stated that the City of Yakima had not been..selected as a. finalist in the A11- America Cities Competition, but that a vote of thanks should be extended to Jim Bowers for his help in developing the report and .writing up: Yakima's., story.. It was. MOVED by Robinson, seconded by Schussler that a vote of thanks be extended to Jim Bowers. at th.is.time: carried, Broad, Brown, Lust Robinson, Schussler and Whitaker voting. aye by voice-vote. Lambert absent. Mayor Broad offered public thanks.to Jim Bowers on behalf of the City Council for his contribution. City Manager McMicken.reported on a letter that was sent to Parks Director, Bill Hutsinpiller, from the State Interagency Committee For Outdoor Recreation informing him .that Yakima's request for state funding -for acquisition of 20 acres of proposed Free- way Athletic Park would not be granted this. year, since the City's request did not have a high enough priority. Mr. McMicken further stated that if Referendum 28, providing money for recreational development, is passed; the application will be considered again in May, 1973. . As a follow -up to discussion at the Council meeting of October 16, 1972, on the matter of posting advertisements for garage sales, City Manager McMicken stated that in conferring with,Police Chief,'Jack LaRue, they had found this to be covered.by Ordinance No. 1447 pertaining to:regulating advertising signs, and that those persons posting such signs, if caught while.posting, should be told to remove such signs and ,that the Police Department should be' instructed to request removal or to, go.ahead.and remove them if those. - persons posting do not do so. Councilman Robinson,requested .that Mr; Ed.Lewis, previously present and protesting.,the..placing. of such ,signs,. be informed of .the protection. available through the Police Department. .. . . City Manager McMicken requesting authorization for the following out -of -state travel requests: . .. - .. ,. • ,1. - Rex Burnam, Police Department, for travel to Portland, Oregon to attend the North west Check Investigator's Seminar, September 30, 1972 - October 1, 1972. 22. Francis Jaeger,,City Engineer, to travel to Portland, Oregon on November 2 and 3,.1972, to confer:with the Burlington- Northern Engineering Staff on the ABAM design, report on the construction of Walnut Street Undercrossing, and signals for Yakima Avenue, Lincoln, "B" and "D" Streets, it was MOVED by Robinson, seconded by Lust that said travel be approved and expenses paid: carried, Broad, Brown, Lust, Robinson, Schussler and Whitaker voting aye by. voice vote. Lambert absent. . Councilman Robinson referred to the matter of the Lincoln and B.Street signalization in the City.Engineer's Weekly Progress Report. He stated.that.he had noted the lack of lighting synchronization. Public Works Director, Dave Vargas, reported that the inter- connections are not yet completed, having been more complicated than expected. He stated that the lighting intervals on.the west side.are at 70 seconds, but those on 1st Street are at 60 seconds and that there was a desire to go to 70 seconds. Mr. Vargas further reported that the work on Lincoln and B Street is expected•.to be done by January, 1973. There being no further.business to come before -the Council, it was MOVED by Lust, seconded,by Whitaker that we do now adjourn at the hour of 3:40.P.M.: carried, Broad, Brown, Lust,'Robinson, Schussler and Whitaker voting aye by voice vote. Lambert absent. READ AND CERTIFIED ACCURATE BY ! A ..' ► _ • DATE t \" . COUNILMAN R1..A✓Ldi_ DATE • COU / '/Or • ATTEST: • - • * . 4f: AL0.-ilmj • CITY.CLERK - - . MAYOR •