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HomeMy WebLinkAbout03/19/1973 Business Meeting • 543 • MARCH 19, '1973 • The City Council met in regular session at 6:30 P.M. on this -.date in Conference Room at Yakima City Hall. Councilmen present at the meeting were Mayor Bert Broad ; Wray Brown,'Howard C. Cole, Betty L. Edmondson, Jim Lust, Don Schussler and .Bill Whitaker. Also present were City Manager, Craig McMicken;. City Attorney, Fred Andrews; and City'Clerk, Jack Daniel. The Council went into Executive Session to consider property options for the proposed Convention and Cultural Center•and options for the Moore.property, which is proposed for a new city park area. At 8:00 P.M., the Council members moved into the Council Chambers for the balance of the meeting, Mayor Broad presiding,'Councilmen Brown, .Cole, Edmondson, Lust, Schussler and Whitaker, City Manager McMicken and City Attorney'Andrews present on roll call. The Invocation was given by Councilman Betty Edmondson. • The minutes of the adjourned regular meeting of March 9, 1973, the regular and adjourned regular meetings of March 12, 1973, and the adjourned regular meeting_of March 16, 1973• 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 a public Hearing on the Summitview Avenue — Lincoln Avenue connection via Pierce and' North 7th Avenues, Public Works Director, Dave Vargas, explained this project as a phase of street development for the City of Yakima, intended to relieve some of the heavy .traffic going west on Lincoln and B and heavy traffic on Yakima Avenue. Mr. Vargas.reviewed plans for widening Pierce to four .lanes and 'B Street to four lanes describing'the arrangement for traffic flow on each street. He further reported plans for a traffic signal at Pierce and Summitview, traffic, diverters at Pierce and Lincoln and Pierce and•B, as. well as cul -de -sacs on Folsom and Avenues. He also stated plans for the removal of parking along west Pierce. Mr.' Fred Halverson, Attorney representing Mr. Carnevali, stated that if parking is removed.from the front of those businesses owned by Mr. Carnevali on the west side of Pierce near Summitview, those businesses have indicated that they.will pull out. Instead of'the proposed plan, Mr.. Halverson suggested that the city look into the possibility of tieing Custer and Folsom into B Street as. a solution for heavy volumes of traffic. Planning Director,'Jay Otto, being present, reviewed the earlier decision of the Planning Commission to recommend .approval of this project to the Council and stated that Custer is zoned residential and suggested that the City not put a major arterial through.this area. ,Mr: Francis Palmer, 115 N.'7th Avenue, being present, indi- cated a concern over access to his home on the corner of 7th and B in view'of the proposed dead -end for this area. Others present and speaking to this project were Mr. George Pinnell, Mrs. Williams, Mr.. Alfred Ackley and Mr. Carnevali. After .due discussion, it was ‘MOVED by Lust, seconded by'Whitaker that the matter of the proposed - street plan for the Summitview Avenue - Avenue connection be referred back to the Planning Commission for additional study and recommendation: carried, Broad, Brown, Cole, Edmondson, Lust,. Schussler and Whitaker voting aye by voice vote.. Councilman Lust expressed concern over the access needed by Mr. Palmer on'North 7th Avenue and the proposed four lanes moving into three lanes on .B Street. Councilman•Brown suggested that the Planning Commission also look carefully at the possibility for using Custer in connection with Folsom and 'B Street. This being the time set `for the Hearing on the Assessment Roll for L.I.D. NO: 985, "1972 • Street and Alley Paving District, Public Works Director, Dave Vargas, reported that written protests were received on this project. Mr. - and Mrs. Charles Stimiska, 1401 S. 21st Avenue, being present, expressed concern over the drainage problem on Logan Avenue from 21st to 22nd. Avenue. Others present and asking questions on this L.I.D. were Mr. Kenneth Broers, Mrs. Howard Pfeif; Mr: Elmer Alberts, and Mr. Steve Fierst. City Attorney, Fred Andrews explained how lots are assessed. After due discussion, was'MOVED by Lust, seconded by Cole that Ordinance No. 1498, confirming said Assessment Roll, be passed:' carried, Broad, Brown, Cole, Edmondson, Lust,'Schussler and Whitaker'voting aye'on call. ORDINANCE NO. 1498, AN ORDINANCE confirming the assessment roll. covering Local Improvement District No. 985 as' created and established by Ordinance No. 1390 of the Ordinances of the City of Yakima. Petition No. 714, having been filed with the City Clerk on March 15, 1973, by Dan Smith and others, requesting annexation of property located at 57th and 58th Avenues, between Chestnut and Walnut, it was MOVED by Lust, seconded by Brown that the Petition for.Annexa- tion filed by Dan Smith and others, be approved as meeting the requirements of law; that said Petition be referred to the City Manager and Planning Commission for study and recom- mendation; and that April 2, 1973, be set as the date _for_ a, public hearing.by the City ' Council on this Petition: carried, Broad,_ Brown, Cole, Edmondson, Lust, Schussler and Whitaker voting aye by voice. vote. Petition No. 778, having been filed with the City Clerk on March 15, 1973, by Valley Roz" Orchards,, Inc., requesting annexation of property west of South 24th Avenue between Clinton Way and Viola extended, it was MOVED by Lust, seconded by Brown that the Petition for Annexation filed by Valley Roz Orchards, Inc., be approved as meeting the requirements of law; that said Petition be, referred to the City Manager and Planning Commission. for study and recommendation; and that' April 2, 1973, be set as the date for a public hearing by the City Council on this Petition: carried, Broad, Brown, Cole, Edmondson, Lust, Schussler and Whitaker voting aye by voice vote. • • Petition No. 777, having been filed with the City Clerk on February 16, 1973, by Yakima City Creamery, Inc., requesting vacation of the alley between 5th Avenue and 6th Avenue, Walnut Street to Spruce Street, it was MOVED by Schussler, seconded by Whitaker that Reso -. lution No. D -2024, fixing the time of hearing for April 9, 1973, be passed: carried, Broad, Brown, Cole, Edmondson, Lust, Schussler and Whitaker voting aye on roll call. RESOLUTION NO. D-2024, A RESOLUTION fixing the time and place for hearing on a petition for vacation of the alley in Block 293, Town of North Yakima. ' Petition No. 780, having been filed with the City Clerk on March 9, 1973, by George T. Corbett, Agent, requesting vacation of an alley between North 4th Avenue and North 5th 544 MARCH ,19, 1973 - Avenue from B Street to Lincoln Avenue, it was MOVED by Lust, seconded by Whitaker that Petition No. 780 be referred to the Planning Commission and that Resolution No. D -2025, fixing the time of hearing for April 9, 1973, be passed: carried, Broad, Brown, Cole, Edmondson, Lust, Schussler and Whitaker voting aye on roll call. RESOLUTION NO. D -2025, A RESOLUTION fixing the time and place for hearing on a petition for vacation of an alley between North 4th Avenue and North 5th Avenue from B Street to Lincoln Avenue. Damage Claims having been filed with the City Clerk on March 12, 1973, by William B. Linse, in the amount of $939 for damages caused from a broken water main, and by Robyn Benjamin, in the amount of $2,100 for damages to personal property, 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, Cole, Edmondson, Lust, Schussler and Whitaker vot- ing aye by voice vote. Councilman Jim Lust absent after 9:50 P.M. An Ordinance appropriating and transferring funds to the Fire Department for payment of - certain salaries and personnel benefits for firemen on disability leave under - the LEFF Retirement System, haying been read by .title only at the meeting of March 5, 1973, and being read by title again at this meeting, it was brought on for discussion. City Manager McMicken reviewed the necessary appropriations.for firemen's eye care and referred to his Report #170 concerning Eye Care for .Police and Fire. Mr. McMicken further reviewed the guidelines established by the Firemen and Police Pension Boards concerning the payment of claims for prescription eyeglasses and examinations and referred to the opinion of the Assistant Attorney_ General, stating that a firemen could apply for disability leave if the .Board did not provide payment of claims for eyeglasses. After due discussion, it was MOVED by Schussler, seconded by Edmondson that the Ordinance appropriating and transferring funds to the Fire Department for this purpose be deferred for further study: Brown, Edmondson and Schussler voting aye by voice vote; Broad, Cole, and Whitaker voting nay by voice vote. Lust absent. Motion lost for want of a majority vote. It was then MOVED by Broad, seconded by Cole that the'proposed Ordinance appropriating funds for payment of eyeglasses and medical examinations for firemen, be passed: Broad and Cole voting aye on roll call; Brown, Edmondson, Schussler and Whitaker voting nay on roll call. Lust absent. Motion lost for want of a majority vote. It was MOVED by ,Schussler, seconded by Whitaker that a recommendation from the Park Com- mission for a Comprehensive Park Plan be referred back to the Staff for further considera- tion: carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye by voice vote. Lust absent. City Manager McMicken indicated that the 1972 Annual Report of the Fire Department would be delayed until a later date. . • . . City Manager McMicken reported that bids were received and considered by the bid board on March 15, 1973, for the Rock Avenue Domestic Water District, as follows: A. V. DeBlasio, Inc. $16,601.25 Superior Asphalt & Concrete Company 18,194.80 • Ray C. Pickens, Inc. 24,149.00 The City.Engineer recommending that bids be awarded to A. V. DeBlasio, Inc., who submitted the lowest and best bid, it was MOVED by Schussler, seconded by Brown that the recommenda- tion of the City Engineer be accepted and that the contract be awarded to A. V. DeBlasio, Inc., in the amount of $16,601.25 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, Cole, Edmondson, Schussler and Whitaker voting aye by voice vote. Lust absent. City Manager McMicken reported on the request for the Eagles Parade for Saturday, April 7, 1973, stating that the City Code regulates times for parades on Saturdays, necessitating Council approval. It was MOVED by Cole, seconded by Edmondson that the Eagles be given approval for a parade on April 7, 1973, at 2:00 P.M.:. carried, Broad, Brown, Cole, •. Edmondson, Schussler and Whitaker voting aye by voice vote. Lust absent. • City Manager McMicken reported on the matter of the Regional Clearinghouse referral for a Educational Assistance Program grant, explaining that the funds will provide for the Court Clerk to attend a month -long session on Court reorganization. He further reported on the Regional Law Enforcement Radio Net, stating that this grant will make it possible for some of the smaller cities in the county to have a Law Enforcement Radio Net. Mr. McMicken reported that Chief of Police, Jack LaRue, recommends approval of both these items. After due discussion, it was MOVED by Brown, seconded by Schussler that these two referrals be sent back to the Regional Clearinghouse with the appropriate comments of approval: carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye by voice vote. Lust absent. City Manager McMicken referred to the granting of a permit to Summitview Manor for the con- struction of an overhead canopy, explaining that this will be situated over an existing utility easement held by the City. After due discussion, it was MOVED by Brown, seconded by Schussler that. Resolution No. D -2026, authorizing a permit for said construction, be passed: carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye on roll call. Lust absent. RESOLUTION NO. D- 2026,, A RESOLUTION granting a revocable permit to West Valley Nursing Homes, Inc., to construct an overhead canopy across a city utility easement. City Attorney, Fred Andrews, referred to the matter of payment for a damage claim filed by Ruth D. Moen, stating that the proposed Resolution authorizing payment of this claim would be an amendment to Resolution No. D -1996, passed on February 5, 1973, due to a hospital bill. After due discussion, it was MOVED by Cole, seconded by Schussleer that Resolution No. D- 2027, authorizing payment of said claim, be passed: carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye on roll call. Lust absent. . 545. MARCH 19, 1973 • RESOLUTION NO. D -2027, A RESOLUTION authorizing payment of a dlaim. for damages filed by Ruth D. Moen, and amending Resolution No. D -1996 adopted February 5, 1973. • City Attorney, Fred Andrews, referred-to- the matter of payment for a claim filed by James Guidinger, 415 North 24th Avenue., in the amount of $99.75 stating that•it had been investi- g•ated -and found to be a reasonable claim. After due discussion, it was MOVED by Schussler, seconded by Edmondson •that Resolution .No:. D- 2028,, -author.iz.ing. payment .of. said claim, be passed: carried, Broad, Brown,.Cole,;Edmondson, Schussler•and Whitaker voting aye on. roll call. Lust absent. RESOLUTION NO. D -2028, A RESOLUTION authorizing payment of a claim.for damages filed with the.City by James Michael Guidinger. City Manager McMicken referred to the matter of authorization to execute. a loan of $4,666 and extend repayment dates -of.a .current loan.to the_Yakima Housing Authority, explaining that the City has given clerical and financial assistance to the Housing Authority until the'Authority receives funds for a housing program. He further stated that the Housing Authority loan has not -come and an extension of the original agreement is desired. After due discussion, it was MOVED by Cole, seconded by Brown that Resolution . No. D -2029, authorizing the extension of :said._agreement, be passed:, carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye on roll.call.. Lust absent. • RESOLUTION NO. D- 2029., A RESOLUTION.authoriz.ing and.directing the the City Manager and City Clerk of the City of Yakima to execute a Modification and. Extension of Agreement for • Interim.Assistance Between _ the!City -of Yakima. and the Housing Authority of the City of Yakima. .. .. City Manager McMicken reported that a hearing has been requested before the•State by the Yakima Fire Fighters who wish to have an amendment,of Certification to include Fire Chiefs_,. and Fire Marshal in the bargaining unit. City Manager McMicken requesting authorization for the following out -of -state travel re- quests: 1. Donald Blesio, Police, to travel to Denver, Colorado, to attend Supervision of Police Personnel School, April 8, 1973 - April 21, 1973. 2. Ernest Dean, Fire, to travel to Portland, Oregon, to attend Northwest Fire Arson Seminar, April 29, 1973 - May 4, 1973. • 3. Lee Wilson, Don Monroe, Alvie Bouchard, Dave Bachmann, and Gerald Russell, Fire, to travel to Oakdale, California, to accept delivery of two new pumpers, receive instructions on operation of new equipment, and drive the trucks back to Yakima, April 10, 1973 - April 12, 1973, • • it was MOVED by Schussler, seconded by Cole that said travel be approved and expenses paid: carried, Broad, Brown, Cole, Edmondson, Schussler and Whitaker voting aye by'voice vote. Lust absent. r Councilman Schussler absent after 10:30 P.M. . • The Council then went into,Executive•Session at the request of City Manager McMicken to discuss pending litigation settlement between the:Junior.Amusement Company, Automat Company Inc. and the City of Yakima. Following discussion, the Council then returned to regular session to vote on the Resolution. It was MOVED by Whitaker, seconded by Cole that Reso- lution No. D 72030, authorizing settlement of said pending litigation, be passed: carried, Broad, Brown, Cole,' Edmondson and Whitaker voting aye on roll call. Lust and Schussler absent. . • :RESOLUTION NO.-D-2030, A RESOLUTION authorizing settlement of pending litigation entitled Junior Amusement Company and Automat Company,. Inc., Plaintiffs, vs. City of Yakima, Defen- . dant, in:Yakima County Superior Court, Cause,No. 54283. There being no further business to come before the Council, it was MOVED by Brown,'seconded by Edmondson that this meeting be adjourned to Tuesday, March 20, 1973, at the hour of 7 :30 P.M., to then meet at the Union Gap City Hall: carried, Broad, Brown, Cole, Edmondson and Whitaker voting aye by voice vote. Lust and Schussler absent. READ AND CERTIFIED ACCURATE BY . &( /7 .. DATE: Y"' G - 7d"- COUNCILMAN • • 4/ . Sew 7 DATE .,•.� ;,Q, / COUNCILMAN ATTEST: 4Let CITY CLERK MAYOR • •