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HomeMy WebLinkAbout08/14/1967 Business Meeting - 315 AUGUST 14, 1967 ' The City Council met in regular session, Mayor Larson presid' g, Councilmen Brown, Kurbitz, Lambert, Lynch, McNeice and Robinson, Acting City Manager Attorney Andrews present on :roll call. The Invocation was given by Councilman Kurbitz. The minutes of the regular meeting of August 7, 1967, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. In accordance with action taken at the last regular meeting on August 7, 1967, on Resolu- tion No. D -1109 authorizing the hiring of •Bouillon, Christofferson and Schairer, Consulting Engineers., in connection with the heating and cooling system of City Hall; and action on said Resolution having been continued to this meeting, after it had been MOVED by Lambert, seconded by Brown, to pass said Resolution, Mayor Larson called for discussion on this matter. Acting City Manager Friedline again explained that the entire heating and cooling system in City Hall needs to be balanced and other mechanical work done to solve the heat- ing cooling problems. Council members indicated that since former City Manager George Smith had investigated this matter thoroughly and found that this is the best solution, that they are inclined to agree with the recommendation of the Acting City Manager and the Purchasing Agent, Kermit Smith. After due discussion, Mayor Larson called for the vote on the Motion to pass said Resolution and it carried: Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. Councilman Brown stated that with a great deal of reluctance he is voting aye and hopes that we will get our full amount of work done for this amount of money to be spent. RESOLUTION NO. D -1109, A RESOLUTION authorizing the hiring of professional engineering services to be performed by Bouillon, Christofferson & Schairer, Consulting Engineers. This being the time fixed for the Hearing on Petition No. 532, filed by John Decoto, re- questing the vacation of a portion of Washington Avenue, and there being no protests in writing or otherwise, it was MOVED by Lynch, . seconded by Robinson that Ordinance No. 944 providing for said vacation, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. (See page 316, paragraph 5, for additional action taken later in this meeting). - ORDINANCE NO. 944, AN ORDINANCE providing for the vacation of a portion of Washington Avenue, within the City of Yakima. . This being the time fixed for the Hearing on Petition No. 545, filed by Thomas A. Dillon, requesting the vacation of a portion of S. llth Avenue south of Spokane Street, and there being no protests in writing or otherwise, it was MOVED by Lambert, seconded by Brown that Ordinance No. 945 providing for said vacation, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 945, AN ORDINANCE providing for the vacation . of a portion of S. llth Avenue south of Spokane Street, within the City of' Yakima. . . MOVED by Lynch, seconded by Robison that Ordinance No. /546 relating to the sale of liquor, specifying hours during which liuor may not be sold and amending the Yakima Municipal Code, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. City Attorney Andrews explained that the language of this Ordinance is the same as the State Liquor Control Board's Resolution relating to Sunday sale of liquor, and changing some closing and opening hours. ORDINANCE NO. 946, AN ORDINANCE relating to the sale of liquor at retail on licensed premises; specifying hours during which liquor may not be sold; amending Section 5.44.230 of the City of Yakima Municipal Code; and declaring an emergency. MOVED by Lambert, seconded by Brown that Ordinance No. 947 relating to licenses and business regulations, specifying hours during which dancing is permitted at public dances and cabarets; and amending the Yakima Municipal Code, be passed as read: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. City Attorney Andrews explained that this Ordinance is in conjunction with the sale of liquor and is proposed at the request of the Chief of Police, to not allow dancing on ,Sundays, because he feels this would require a larger group of police officers than is normally used on Sunday. . ORDINANCE NO. 947, AN ORDINANCE relating to licenses and business regulations, regulating dance halls and cabarets; adopting rules and regulations specifying hours during which danding is permitted at public dances and cabarets; amending Subsection 1. of Section 4.2$.140 of the City of Yakima Municipal Code; and declaring an emergency. MOVED by Lynch, seconded by McNeice that a Resolution authorizing the payment of $35 to Guy S. Wheeler in satisfaction of a Claim for Damages caused by an incident whereby plumbing fixtures at premises owned by claimant at 909 and 911 East Maple Street were damaged as a result of mud and sand surging through domestic water pipes, be passed as read. Public Utilities Director Frank Stein explained that this particular material came in from a surge caused by a cave -in in the Kiwanis Well, that they have removed the mater- ial that had choked up the valves and found that the material had broken the meter at the Wheeler place, so the Kiwanis well is not now being used. He further explained that they are going to pull the pump and lower a TV camera to try and find the cause of the breakage. Council members discussed the matter and stated that it might be better to hold this matter over until a further report on the well can be given, in case there might be other damage caused by this well that had not yet been reported. After due discussion, it was MOVED by Lambert, seconded by Robinson that this matter be postponed to another week, or until we know just where stand claimwise, and so that this matter may be further investigated: carried, Brown, Kurbitz, Lambert Larson, Lynch, McNeice and Robinson voting aye by voice vote. .. . ` 316 AUGUST 14, 1967 Mrs. Ann Smith, 210.S. Naches Avenue, being present, stated that there are several things she would like to bring before the Council, to see if some action can be brought about. She stated that she had used the water, which was from the Kiwanis well, when it was brown and had sand and dirt in it, and had developed a skin irritation. She was advised by 1 Council members the procedure in filing a claim. Mrs. Smith also asked why part of the parking strip on Naches Avenue is kept up and the rest is not and was advised by Council members that this should be checked with the Park Department. Mrs. Smith asked if the City can do something Cigarette machines, in which children as young as twelve can obtain and smoke cigarettes, and was advised by the Council that this is something the Council has nothing to do with, but comes under State laws. She also asked if the City can do something about a tree in a parking strip that drips and was advised that since the tree is not a traffic hazard, it is up to the property owner to take care of. Mrs. Smith asked if the City cannot get the property owner across the street from her to clean up his lot of junk and trucks: After due discussion, it was suggested that Mrs. Smith contact the City Manager and City Attorney-regarding these various matters. Bids were received and considered by a Bid Board on this date on electrical work at Englewood Heights Pump Station,as follows: Knobel's Electric $ $$$.25 Smith Electric, Union Gap 1,100.63 . Knobel's Electric, Inc., having submitted the low bid, and the City::Engineer recommending that they be awarded the contract, it was MOVED by Robinson, seconded by Lynch that said recommendation be accepted and the bid be awarded to Knobel's Electric, Inc., in the amount of $$$$.25, and that the City Manager be and is hereby authorized to enter into a contract with said contractor upon the filing of the proper bond and insurance: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and.Robinson voting aye by voice vote. An Application for Outside Water Connection, having been filed by Ralph C. Coffey, Yakima Pallet & Bin, Inc., it was MOVED by Robinson, seconded by Brown that said matter be referred to the City Manager and Staff for study and recommendation: carried, Brown, Kur- bitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Mr. Merlin Ackerman, owner of one of the automobile rental agencies at the Yakima Municipal Airport, protested the passage of Resolution No. D -1099 authorizing the execution of the Automobile Rental Agreement, which was passed on July 24, 1967, and asked if this can be reconsidered, as he was not present at that meeting and is objecting to the raise in the basic fee. He further stated that he had been at the meeting when the agreement had previously been drawn up and the basic fee had been $150 in that agreement, and he had not attended the meeting on July 24, 1967, because he had assumed this agreement would be used, or if any changes were made that it would be re- submitted to the automobile rental agencies for their consideration. Mr. Ackerman stated that he feels that the basic fee now in the contract of $225, is too high will force him to withdraw his agency from the airport and asked the Council if the car rental agencies can be asked to re- negotiate. Councilman Robinson stated that inasmuch as at least one of the agencies named in Resolution No. D -1099, has signed the agreement, that in his opinion everyone who operates that kind of business must operate under that agreement, as it was the agreement submitted to them for approval. Councilman Lambert stated that the Council members went over this matter very carefully the previous week, and that this was a proposed lease agreement and it was known that this was going to come before the Council. She further stated that the Council has reviewed it and she still feels that this is a good agreement. Councilman Kurbitz stated that he was not present at the meeting at which the Resolution authorizing the execution of the Lease Agreement was passed, but had talked with Mr. Ackerman and had reviewed the . matter and doesn't feel that this is a fair agreement since the basic fee was raised. He further stated that he feels the only thing we accomplished in raising the minimum fee, is that we may possibly have eliminated one rental agency and feels that we are doing an injustice in raising this fee. Councilman Lynch stated that he is somewhat in sympathy with Mr. Ackerman and stated that he had made a motion at the meeting; at which Mr. Acker- man was not present, to attempt to compromise the rental agreement and it was voted down. He further stated that Mr. Ackerman should realize that the Council people are trying only to do what is best for the City and that it is not necessarily presumed that there are going to be fewer operators. Councilman Lynch also commented that a contract was offered and has been accepted by at least one other operator and that everything that should have been done has been done, and legally speaking there is apparently nothing we can do to change it, which does not mean that all Council members agree with the action taken, and that he still feels that the two proposals should have been compromised. After due dis- cussion, it was MOVED by Kurbitz, seconded by Lynch that we open up new negotiations with car rental agencies with the idea of reducing the minimum rental rates. Kurbitz, Lynch and McNeice voted aye by voice vote. Brown, Lambert, Larson and Robinson voted nay by voice vote. Motion lost for want of a majority vote. Mr. Ackerman stated that he is withdrawing his operation from the Airport, and asked if he can have a direct line phone to the Airport from his place of business in town, and what the fee would be for that, and also if his customers may be allowed to park his rental cars at the Airport for pickup by him when his customers have finished using them. After some discussion about how other airports handle such a situation, it was MOVED by Lambert, seconded by McNeice that this matter be referred to the City Manager and Staff for study and recommendation: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Acting City Manager Friedline referred to Ordinance No. 944, providing for the vacation of a portion of Washington Avenue, which had been passed earlier in this meeting, and recommended that the language in Section 2, which states that the City of Yakima reserves II all necessary easements . and rights of way, etc., be changed, as there are no utilities located in the property to be vacated and will never be any need for them. After due discussion, it was MOVED by Robinson, seconded by McNeice that the following be deleted from Ordinance No. 944, as passed earlier,: "Section 2. The City of Yakima hereby reserves all necessary easements and rights of way for the installation and maintenance of any and all water mains, sewers or utilities of any and all kinds which may now exist in said street or which it may hereafter desire to construct therein, and no building shall be con- structed on any portion of said vacated street without the prior approval of the City. ", and that the following "Section 3." be numbered "Section 2. ": carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye on roll call. (Refer to passage of Ordinance No. 944, on page 315, paragraph . of these minutes). . 31.E AUGUST 14, 1967 Mr. James May, filed with the City Clerk at this meeting, Petitions No. 54$, 549 and 550, requesting vacation of certain streets and alleys, in connection with the Yakima Downtown Mall. It was MOVED by Robinson, seconded by Lynch that said petitions be referred to the City Manager and the Planning Commission for study and recommendation: carried, Brown,.• Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. Acting City Manager Friedline requesting authorization for Captain Madden and Stan May to attend the Western States Safe Burglary Conference in Las Vegas, Nevada,' from September 10 to 16, 1967, at an approximate cost of $400 for Madden and $150 for May, as they will be traveling in Madden's car, it was MOVED by Lynch, seconded by Brown that said travel be allowed with expenses paid: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded by Lynch that we do now adjourn at the hour of 5:00 P.M.: carried, Brown, Kurbitz, Lambert, Larson, Lynch, McNeice and Robinson voting aye by voice vote. READ AND CERTIFIED A �� ez R AN C RTIFIED CCURATE BY `�.i .I- ���,��L..:���� DATE COUNO rift DATE "M 1 'COUNCILMAN. ATTEST: C I T Y C L E R K MAYOR 40 • •