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HomeMy WebLinkAbout12/18/1972 Special Meeting / Regular Meeting DECEMBER 18, 1972 MINUTES OF SPECIAL MEETING YAKIMA CITY COUNCIL DECEMBER 18,'1972 The City Council met in special session pursuant to due notice at 6:30 P.M., December 18, 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, City. Attorney .Andrews, City Clerk Jack Daniel and Administrative Assistant Jim Flint. City Manager McMicken briefed the Council on the microphone system which is -to be instal- led in Council Chambers. ' . It was discussed what actions could be taken by-the City Council if proceedings were inter- rupted by uncontrollable persons.' City Attorney Andrews reported . that the Police could be called in to eject such persons, or the Council could adjourn the meeting and then readjourn at another time and place. If it developed that the audience was uncontrollable then the Council could have the meeting closed to all but the news media. • Councilman Schussler .reported that the State Attorney General was preparing an opinion as to Initiative 27.6• that this. opinion should be released by late this week. The Council then went •into executive session, at the recommendation of City, Attorney Andrews, to consider potential candidates for appointments to the City Council and to various boards and commissions. The Council decided to nominate at the regular meeting, Mrs. Falk to fill a vacancy on the Regional Library Board. At this time, Councilman Robinson announced his decision to resign from the Council to be effective after the regular meeting of December 18, 1972. The Council considered several names and it was then decided to place the name of Reverend Howard C. Cole in nomination at the regular meeting 'as the Council's choice for Councilman Robinson's replacement. • REGULAR MEETING - MONDAY, DECEMBER 1972 - 8:00 O'CLOCK P.M. The City Council then met in regular session at the hour of 8:00 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 Fred Andrews. The minutes of the special and regular meetings of December 11, 1972, and the special meeting of December 15, 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. - This being the time set for the Hearing on the Yakima Valley Transportation Company pro- posed franchise renewal, City Manager McMicken reviewed his report #160, concerning said franchise renewal, including the costs and problems associated with track relocation and conversion to diesel power. Mr. McMicken further reviewed the safety controls recommended for inclusion in the franchise renewal. He explained that the YVT is presently operating under a permit to expire December 31, 1972, and that since final approval of the franchise would not place before the end of this year, it would be appropriate to extend the permit until the franchise negotiations are completed. Mr. McMicken reviewed the safety measures listed in his report and a request that YVT move the tracks on Nob Hill Boule- vard, with the City providing the relocation and the expense being handled by the rail- road. He stated that six feet of right of way on this street would be given to the City and that YVT has agreed to relocate within the existing street right of way under condi- tions for improvements to Nob Hill Boulevard. He reported the provisions for an increased franchise fee of 5 per cent of gross revenues and a new annual minimum of $1,500. Mr. McMicken read two letters received within the past week from Mrs. Sanders and John Ainsworth, respectively. Mrs. Sanders requested that the City not renew the franchise, while Mr. Ainsworth requested that the franchise be renewed. A number of persons present spoke to this matter. Mr. Gerald Curtis reported that the streets on which the trains run are very dangerous and that a person cannot see the yellow flashing light and re- quested that a light be placed on the side of the box cars. Mr. James Bergmann, Attorney with Union Pacific Railroad, reviewed the discussions between Union Pacific representa- tives and the City of Yakima earlier in the year and stated that in months past the rail- road has tried to minimize the hazards along the arterials of Yakima where the trains run. He further reported that under a longer franchise, the railroad would be willing to move the tracks on Nob Hill Boulevard. Mr. Bergmann requested a long -term franchise in order that the City and railroad might be able to make long term commitments to one another and stated that the relocation of tracks within the City's projected improvement project would call for approximately $150,000 by the Railroad. He further reported that there are additional capital commitments that the railroad is faced with. Mr. Bergmann observed that a short -term franchise could have a depressing effect on the economic growth of Yakima, whereas a long -term franchise would give industry the assurance that they could make some long range plans for expansion. He stated that the railroad felt they would be able to give approval to those safety measures listed in City Manager Report #160 and requested a 25 -year franchise renewal. Mr. Jean Allard asked Mr. Bergmann questions regarding the lighting on the trains and plans for improvement to the car barns. Mr. Bergmann indicated that a longer term franchise would be needed in order to make needed improvements to the car barns. John Allard, being present, discussed the problem with trains not honoring traffic signals on Tieton, 16th Avenue and Nob Hill Boulevard. Mrs. Mildred Nichols observed that if the YVT is removed, the main source of money from the fruit industry is removed. She emphasized the need for these trains in transporting the fruit and the money that would be lost in the community without the YVT. Mr. Gary Barnett reviewed plans for plant expansion in Selah and the possibility of moving to the lower valley if an extension is not granted. He requested a 25 -year franchise so that his business might move ahead. Mr. Al Noble, Assistant Manager of the Yakima Chamber of .489 DECEMBER 18, 1972 • Commerce, reported that the Chamber Board supports a 25 -year franchise. Mr. Vere Lipscomb requested that the fee be raised to $15,000 annually in view of the many problems to be'contended with and suggested that a one -year extension be made. Mr. George Joseph indicated that he must seriously consider moving to .the lower valley if the YVTlfranchise is not renewed. Mr. Fred Williams requested that, the YVT be given five years to relocate and reconstruct. Mr: Charles Boone stated that Union Pacific would be urged to accept a 25 -year franchise renewal. Councilman Robinson indicated that Mr. John ' Quick, who was not able to be present, desires a 10 -year renewal. Mr. Jean Allard then requested,that the trains be limited to one trip each way per day, clean up the areas behind the Glee Club and car barns and give the City Police.the right to .investigate any accidents involving the trains to determine who is at fault. There being no further discussion by persons present, it was MOVED by Schussler, seconded. by Lambert that the hearing be closed: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and • Whitaker voting aye by voice vote. Councilman Schussler observed that it would not be wise to cut off the YVT in view of its value to the fruit industry and recommended that. the number of-hours be stipulated, lighting be improved and. that no trips be made during rush hours. Councilman Robinson' indicated that he was not in favor of limiting the trips per!day,:since there was already 'a proposed limit to the hours. After due discussion,it was MOVED by Schussler, seconded by'Lambert that the YVT franchise be renewed for ten years: carried, Broad, Lambert, Lust, Robinson and Schussler voting aye'by voice vote; Brown and Whitaker voting nay by voice vote.' City Manager McMicken indicating that the Ordinance has a thirty -day clause, making it ready for adoption on February 15, 1973, it was MOVED by Robinson, seconded by Schussler that the existing permit for the YVT be -- extended.for'five months, to expire May 31, 1973: carried,.Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. • RESOLUTION NO. D -1972, A RESOLUTION granting' permit to'Yakima Company; a corporation, to occupy portions of city streets within the City of Yakima for business purposes.- . . _ A Damage' Claim having been filed. with the City Clerk on December 12, - 1972; - by Nellie. L: ` Hea',th,.in the•amount of;$16.00, for damages caused•during a fall over raised'•cement,"it was MOVED by Schussler; seconded by Whitaker that:said:Damage C1aim referred • City Manager Staff for study, and recommendation: ' ` carried, °Broad, 'Brown, .Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote.. It 'Was by. Lust, seconded 'by Lambert that Ordinance 1472; - •adopting the 1973 Budget be passed : carried; - Broad, Brown, Lambert, Lust; Schussler' and voting aye on roll call. City Manager McMicken stated that some adjustments may be made later as needed and explained that approximately $188,000 in cuts were made from the Preliminary Budget. Finance Director, Leonard Crose, explained the appropriation for the • Parks and Recreation Department. Councilman Schussler expressed his opinion that the - Federal.Revenue•Sharing money should not be placed in the operating budget and that the' City should review its priorities.- City Manager McMicken explained that•$300,000 of Federal Revenue.Sharing money will be used for Library and Health Districts. ORDINANCE NO..1472, AN ORDINANCE adopting•a Budget for the City of Yakima, Washington, forlthe year 1973; and appropriating funds for estimated expenditures. It was MOVED by Robinson, seconded by Lambert that Ordinance No. 1473, relating to a • classification plan and compensation plan for City employees and amending the City of Yakima Municipal Code be passed: carried, Broad, Brown, Lambert,'hust, Robinson, Schussler and Whitaker voting aye on roll call. City Manager explained that the 5.6 per cent pay increase,is carried out by this Ordinance. •" ORDiINANCE NO, 1473, AN ORDINANCE relating to - City' personnel; - adopting a - 'classification and compensation plan for City employees; amending. Section 2.20.100 and repealing Section 2.20.110 of•the•City of Yakima Municipal Code; and declaring an emergency It was MOVED by Brown, seconded by Robinson that Ordinance No. 1474, relating to city employees' group : and amending :: C ity cof r,Yak•ima Municipal .:Code be passed: carried,. Broad;• Brown,. Lambert, Lust; Schussler and Whitaker voting aye on roll call. City Andrews'explainedthat this out the labor'nego tiations of several weeks ago and explained that it included the increase in the City's contribution: to ipremiums and increasedr..vacation 'leave _that'•can be :accumulatedr'from 24 days-to-30 days: Mr: stated :that this:: Ordinance, `=•together._ :with_ - the - previous :•one forsaharies;:icarri:ed:out 'negotiations with :all threecunions: `• ORDINANCE NO 1474, AN ORDINANCE•relating to City personnel; = specifying_ contributions to be made -by _the , City >payment of - •premiums for a .City::emplioyees • group. insurance iplan; author iz'ing: spec ial' assignment repay; adopting: is ol•ongevity - plan • for .City employees ;- amend= ing'Section.12.04.O30. and 2.. 24.010 ,and: subsection - _2.40.020 ° B: :and adding .subsection 2.20 :088 (g) of the City of Yakima Municipal ..Code; - and•-'declaring an n :: An Ordinance appropriating $48,000 from unappropriated reserves in 463- Water - Sewer Fund to various•accounts5 within , ahattfund,:h awing been read by title at this meeting, was laid on the table until January 3, 1973:-* City. •Attorney Andrews -explained •that $8,000 would finance the - Alegria sewer project and $12, would pay for the Huck sewer. He further reported' that $15,000 is assigned to capital projects, $3,000 to maintenance and $101,000 to rentals. It was MOVED by Brown seconded by Lust that Ordina'n'ce No: authorizing the City Attorney•and• Yakima .County Prosecuting Attorney to institute condemnation'proceedirigs • fof the improvement of property 'be passed: carried; Broad, Brown, Lambert, Lust,. Robinson and Whitaker voting' aye on roll 'call Councilman Schussler temporarily' absent. ORDINANCE NO. 1475, AN ORDINANCE authorizing and directing the City Attorney of the City of Yakima .ancF the Prosecuting- :Attorney of - the - County Of Yakima td institute and prosecute leg;a'l2Troceeding-s . for -the-condemnation and acquisition :of real :property- for a 'public improvement project to consist of the widening and improving of a of Summitview Avenue between 42nd Avenue and 55th Avenue in the City of Yakima, Washington, for rights to ',construct and maintain slopes for cuts and necessary in connection with such • public improvement project, and for the installation of curbs, gutters, sidewalks, dram- age facilities and public - facilities= related== thereto; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be ,di X 499 DECEMBER 18, 1972 • necessary for'a public use required by the public interests; directing, that compensation for such taking be paid from the Urban Arterial Fund of the City of Yakima; and declaring an emergency. ' It was MOVED by Robinson, seconded by Whitaker that Resolution No. D -1973, authorizing extended repayment dates of previous loans made from the Water -Sewer Fund to the South- east Community Center. Fund be passed: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye on roll call. City Manager McMicken explained that these loans, to be reimbursed through HUD for $50,000 and'$60,000 respectively, would become due on. March 31, 1973. . RESOLUTION NO. D -1973, A.RESOLUTION extending the time for repayment of loans from Water -Sewer Fund to the Southeast Yakima Community Center Fund. It was MOVED by .Lust, seconded by Robinson that Resolution No. D -1974, authorizing the execution of a letter agreement with the State Department of Highways for supplemental work on the reconstruction of water intake and treatment works be passed: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye on roll call. Public Utilities •Director, Frank Stein, reviewed the work being done in connection with the dike and passed to. Councilmen pictures of the area to be worked on. RESOLUTION NO. D -1974, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City. of Yakima to execute a letter of agreement with the Washington State Department of Highways for supplemental work in connection with the reconstruction of water intake and treatment works. City Manager•McMicken reviewed the matter of acquisition of Freeway properties for park purposes, stating that he had received a letter from the owner indicating that they would sell now for $130,000 and that the price in May would be $135,000. He further reported that if funding is available next May, the City could wait and not purchase the property until that time. Councilman Robinson observed that until money is available, it would be hard to plan for theL project. After due discussion, it was MOVED by Robinson, seconded by Schussler that until funding is available for the Freeway properties project, that no further action be: by the City: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. Mayor Broad'reported on the appointment of Mrs. Ernest Falk to the Regional. Library Board. It was MOVED.by seconded by Brown that the appointment of Mrs. Falk'>.to the Regional Library Board be approved as presented: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and 'Whitaker voting aye by voice vote. It was MOVED by Whitaker, seconded by Schussler that the next regular City Council meet- ing be set for Wednesday, January 3, 1973: carried, Broad, Brown, Lambert, Lust, Robinson, Schussler and Whitaker voting aye by voice vote. Councilman Walter Robinson submitted the following letter of resignation as City Council- man: December 18, 1972 To: Mayor of Yakima, Yakima City Council and Yakima City Clerk Re:t as a Councilman Effective immediately, I hereby resign as a member of the Yakima. City Council. I take this action now with much regret because I had expected to serve out the balance,of.my term of office, through 1973: However, the disclosure provisions of Initiative 276 make it impossible for me to continue in this elected office. As I have over a ten percent interest in my law firm, Initiative 276 requires that I list all clients who have paid my firm $500 or more during this year. I cannot ethically or reasonably disclose this information in the Initiative 276 public report. There is -also another problem. As a lawyer, I help many corporate clients by serving on their of Directors, or as an officer (usually secretary). This legal service in no way .conflicts with the duties of Councilman, but Initiative 276 requires that all such corporate clients and offices be listed. My clients have a right not to be so listed in a public compilation, and I feel that I must respect their rights to privacy in this regard. I hope that the State Legislature will soon change the disclosure provisions in the law to exclude such local government offices as city councilmen, school board members, etc. Having , no assurance that such changes will be made; I cannot risk the severe penalties of the new law which becomes effective on January 1, 1973. It has been my privilege, and pleasure, to serve on the Yakima City Council since June 1,1959 when our first Council and City Manager took office. During this time the Councilmen and City Managers with whom I have been associated have been able people of the.highest integrity, dedicated to loyal public service to our community. I fear that the provisions of Initiative 276 will make it difficult for such qualified candidates to file for local offices in the future. Although - I resign from the Council, I reaffirm my interest in local gov- ernment and my•high'-regard for you as its office holders. I hope that you will continue your valuable public service to our community. Sincerely, Walter J. Robinson, Jr. 49 DECEMBER 18, 1972 - DECEMBER_ 26,1972 -.- JANUARY 2, 1973 • Mayor Broad expressed his thanks for thee` great contribution of Mr. Robinson to the City of Yakima. Councilmen Lambert, Schussler, Lust, and Brown expressed their regret over legislation such as Initiative 276 which many capable people out of local government. After due discussion, and no other nominations from the floor being made, it was MOVED by Schussler, seconded by Lambert that ' Reverend Howard" C.-Cole of- the Englewood Christian Church be nominated to fill the unexpired term of Councilman Walter Robinson: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by voice vote. It,was MOVED by'Lust, seconded by Whitaker that'nominations'be closed: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye by :voice vote. It was MOVED by Schussler, seconded by Whitaker that Reverend Howard C. Cole be elected to fill the unexpired term of Councilman Robinson: carried, Broad, Brown, Lambert, Lust, . Schussler and Whitaker voting'aye.by voice vote. . 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 11:30 P.M.: carried, Broad, Brown, Lambert, Lust, Schussler•and Whitaker voting aye by*voice' vote. • I . READ. CERTIFIED ACCURATE BY - DATE* /-3 ' COUNC'ILMAN ' • /T'• et/ I Zcf,4 DATE /' • - COUNCILMAN • 'ATTEST: CITY CLERK MAYOR DECEMBER 26, 1972 Monday, December 25, 1972, being a holiday and due to a lack of a quorum, no special or regular meetings were held on this date. CITY CLERK . JANUARY 2, 1973 Monday; January 1, 1973, being.a holiday and due to a lack of .a quorum, no special or regular meetings were held on this date. Z Lat .. .41 CITY CLERK • • • • • • • • • i - • . •