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HomeMy WebLinkAbout06/24/1968 Business Meeting . 441 • JUNE 24, 1968 ' 1 I The Council met in regular session, Mayor Larson.presiding, Councilmen Keith, Kurbitz, Lambert, McNeice and Robinson, City Manager McMicken and City'Attorney Andrews present on . roll call. Councilman Brown absent on roll call, having been excused at a previous meeting. The Invocation was given by Councilman Kurbitz. . • i • The minutes of the regular meeting of June 17, 1968, 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. . This being the time fixed for a Hearing on the Grade Separation Project on "Bi' Street and • Lincoln Avenue, reports were given by the Consulting Engineers, Mr. Arthur R.'Anderson and Mr. Donald D. Casad. Mr. Anderson referred to the.Council meeting of April 15, 1968,at. which time there was discussion on undercrossings vs overcrossings, and. the ABAM consult ing_engineers.were instructed.by the Council, to proceed with Phase II on.overcrossings. He stated that there have been meetings with the two railroads and a number of conferences have been held with the.Public Works Department and a report has been.prepared to present : at this Council meeting. Mr. Casad, in charge of -the project, explained in detail the . results of their studies and meetings as .shown in this report, stating that it is directed to the technical people as well as the laymen. He further explained that in the first por- 4 tion.of the report conclusions and recommendations, introduction and purpose are explained very concisely. He stated that the.next portion.of the report is discussion,'which . he explained thoroughly, as well as the many pictures at the end of the report illustrating the geometry of the project. Mr. Casad listed the basic requirements and design criteria in the discussion portion of the report as follows: Right of Way, Traffic Patterns, Pedes- trian ccess, Railroads and their requirements, Utilities and Bridges, and discussed each phase in detail. He -then explained the results of the study regarding the following: . Plans, Profiles, Special Problem at Second Avenue, Soils Investigation, Bridge Superstruc- • tore, Bridge Substructure, Bridge Approaches, Traffic Patterns, Utilities, Railroads., Con - struction'Schedules and Estimates. Questions were asked by many property owners, present, who have property abutting the proposed overpasses, and by other's in the. audience, regard- ing traffic patterns, access to abutting properties and the closing of SecondlAvenue, as recommended by the consulting engineers. ..Council members indicated that theyifeel that . more study needs. to be made on the matter of closing off of Second Avenue, orldepressing . it, to make a through street. After due discussion, it was. MOVED by Keith, seconded by Lambert that this matter be referred to the Planning Commission -and continued for two weeks or until July 8, 1968: carried, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson vot- • ing aye by voice vote. Brown absent. 1 . This being the time fixed for the Hearing on amending Ordinance No. 1012, passed March 11, II .1968, providing for the Vacation of a portion of North 4th Street and certain! alleys, as requested by Yakima Mall - Shopping Center Corporation, _it was MOVED by McNeice, seconded by Keith that Ordinance No. 1038 amending said Ordinance No. 1012, and delaying the effec- tive date to November 1, 1968, be passed as read: carried, Keith, Kurbitz, Lambert, Larson, • McNeice and Robinson voting aye on roll call. Brown absent. • • 1 1 ORDINANCE NO. 1038, AN ORDINANCE providing for the vacation of a portion of North 4th Street and certain alleys in the City of Yakima, Washington; amending Section 1 of Ordi- nance No. 1012 of the City of Yakima passed'March 11, 1968; and declaring an emergency. This being the time fixed for a Hearing on the Application of Frank Homes Tire Service, Inc., et al, requesting. rezone of property situated on the east side of N. Fr Street, between East "G" and "H" Streets, it was MOVED by Keith, seconded by McNeice that Ordi- nance No. 1039 accepting the recommendation of the Planning Commission and rezoning said. property, be passed as read: carried, Keith, Kurbitz, Lambert, Larson, McNeice and_Robinson voting aye on roll call. Brown absent. Acting Planning Director Ed Loidhamer explained • that this rezone has been requested so that a warehouse building can be constructed on this property. ORDINANCE NO. 1039; AN ORDINANCE accepting the recommendation of the Planning Commission • and rezoning certain property situated on the east side of North Front Street; between - East "G" and "H" Streets, in the City of Yakima, Washington, from R -3, Multiple Family Zone, to M -1, Light Industrial Zone. 1 This being the time fixed for a Hearing on an Amendment to Title 12,Zoning, by creating and adding a new chapter, Planned Development Zone, and amending Section 12.08.010 -of the Yakima Municipal Code, Council members indicated that due to the amount. of business yet to come before the Council at this meeting, they felt this matter could be continued for a week. It.was then MOVED by Robinson, seconded by McNeice that said Hearing be. continued for one or until July 1, 1968: carried, Keith, Kurbitz, Lambert, Larson,' McNeice, and Robinson voting aye by voice vote. Brown absent. Damage Claims were filed with the Clerk as follows: ' . 4 1/ June 19, 1968, ,by William C. Nance, 209. S. Glenn Drive, in the amount of $15.68, for repair of his watch damaged in the line of duty, June 20, 1968, by Henrietta L. Quackenbush; 726 N. 14th Avenue, in the _ of $153,796.44 for damages. caused by an accident with Police car, ands _ June 20, 1968, by Richard L. Quackenbush, 726 N. 14th Avenue, in the amount of $78,839.75 for damages caused in the same accident as his wife, Henrietta. It was MOVED by Keith, seconded by Robinson that said damage claims be referred to the City Manager and Staff for study and recommendation: carried, Keith, Kurbitz, Lanb ert, Larson, McNeice and Robinson voting aye by voice vote. Brown absent. - T I . 44 2 JUNE 24, ,1968 An Ordinance appropriating $24,000 from unappropriated funds in.Airport Fund to purchase ' two 2 -ton trucks.for.snow removal, having been read in its entirety, was laid on the table . for-one week, or until July 1, 1968.. . An Ordinance appropriating $68,203 from the Fire Capital Fund, to purchase Airport crash . truck, having been read in its entirety at the regular meeting on June 17, 1968, and being IlL . read by-Title only at this meeting, it was MOVED by Robinson, .seconded by that Ordinance No. 1040 providing for said appropriation, be passed as read: carried, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Brown absent.' ORDINANCE NO. 1040, AN ORDINANCE the amount 'of $68,203.from:unappropriated money in 721 -F.ire Capital Fund to Account 940- Machinery and Equipment, in the Capital Out- . lay Clas-sif:ication in the 1968 appropriation for 721 -Fire Capital Fund. . An Ordinance appropriating $15,000 from unappropriated surplus. and Current Expense Fund for Engineeringsalaries, and $30,000 for local share of Urban Arterial Street Improvement Projects, having been read in its entirety-at the regular meeting on June 17, 1968, and • being. read by Title only at this meeting, it was MOVED by Robinson, seconded .by Lambert that Ordinance No. .1041 providing for said appropriation, be passed as read:'carried, Keith, • Kurbitz, Lambert, Larson, McNeice and-Robinson voting aye on roll call.. Brown absent. ORDINANCE NO, 1041, AN ORDINANCE appropriating the amount of-$15,000 from unappropriated . monies in the Current Expense Fund to Account 7 -020, Part Time,, Temporary, Overtime and . Special Assignment,-of the Salaries and Wages Classification, in the 1968 appropriation for 124, Engineering Department; and - appropriating the amount of $30,000. from•unappropriated . monies in the. Current Expense Fund to Account 7 -860, Transfers, of the Maintenance and Operation Classification in the 1968 appropriation for 100, Transfer Section of the Current . Expense Fund Budget. . - It was MOVED by Lambert,.seconded.by McNeice that Ordinance,,No. 1042:.amending the Yakima. Municipal Code regarding distribution of,hand bills, be passed as read. City Attorney Andrews explained that in September, 1967,,this handbill section of the Code was amended . to bring the very outmoded and old Ordinance more current as far as legality.• 'Since that time, the matter has been,the subject of- further review by the legal department and by way of explanation, it is thought that by amending this.portion that it would do away, with. any thought that it may still be too - restrictive, but that.control.is still desirable. .Mr. Terry Watkins, represent Mauno Saari, of the A.C.L.U., spoke against the adoption of this ' Ordinance at this time, stating that he feels there should be more study on the handbill Ordinance as the A.C.L.U. feels it should be further amended in'reference to allowing . handbills•to be put on vehicles and free newspapers to be distributed. City Attorney Andrews, stated thatwhen it was contemplated that.this amendment. be made; that a copy of the change was sent to Mr. Saari, with the idea.of inviting recommendations. Council mem- bers suggested that the passage of this Ordinance does not prevent amending' it further at. a later date. After due discussion, Mayor Larson called for the roll call.vote on the Motion to pass said Ordinance No. 1042 as read and it carried, Keith, Kurbitz, Lambert, Larson, McNeice, and Robinson voting aye on roll call. Brown absent. . ORDINANCE NO. 1042, AN ORDINANCE relating to public safety and morals; regulating the distribution of handbills in public places; and amending Subsection 6.04.466(a) of the • City of Yakima Municipal Code. . • It was MOVED -by Robinson, seconded by.McNeice that Ordinance No. 1043 fixing the time of • • delinquency and providing for the issuance,of bonds.for the payment of the unpaid portion of t...I,D. No. 963, ,Englewood Heights Addition and Other Sanitary Sewers, be passed as. read: carried, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call. Brown absent. • - - . ORDINANCE NO. 1043, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment of the asst of the improvement in Local Improvement District No. 963, and providing for the issuance,of bonds with coupons attached for the payment of the unpaid portion thereof. . . - . . Councilman Keith read a prepared statement as follows regarding those areas in.which.he . feels the City Council is not taking the necessary leadership: . . . "Since being elected to the City Council, I have become increasingly.concerned.that we, as a council, are not doing the total job. •I recognize that a crucial aspect of our job • is to represent the public's. interest in expenditure of municipal monies in providing the basic-and essential. services. These include police.and f e protection, planning = s, providing an adequate water supply, and all of the other.riormal duties of.a municipality. • I think that all.the council can be proud of the job we have done'in these areas. To - accomplish.this job we have been fortunate in having an excellent manager and staff upon whom we can rely for qualified and expert advice. . - "There is.a second aspect of the city council's job which is one of determining the basic policies and directions, of our city in these trying times. It is in these areas that I feel that. we have failed to.provide the necessary leadership, to make Yakima aware of the . problems facing -it in the future. Without neglecting our.job -in the basic services to the city, - -I. feel -.that we, must emphasize and spend more time in those areas that are not speci- fically in the conventional realm of the city responsibility. "There several areas that I wish to enumerate,at this time: ' 1: The first is that cities- throughout. the. state have,been passing open housing ordinances, in_ fact, fifteen cities have done. so. Yakima has been negligent, the city countil has been negligent,: in • ' not .proposing an open housing ordinance. ' I feel that this. is an essential responsibility . i ' . , 443 . • . JUNE 24, 1968 j • (Royal Keith's statement, continued) • • in this time of civil strife within our nation, in fact within our city. :2) Second, we • • have failed to provide leadership in the field of fluoridation. I feel that the confusion of last fall demanded that the city council provide leadership by placing this ;issue, clearly on the ballot this fall, so that the people of Yakima may make a fina decision • - .through the voting process. 3) A:third area of consideration is in regards to the central . • business districts sttdy, which has clearly shown the need for a civic auditorium in the downtown area. Possibly this may be . a . private responsibility, possibly a public responsi- bility,•but it should be incumbent upon the council to provide the leadershipithat would make this dream a reality in Yakima. 4) a Fourth area of concern is the condition of housing in some areas of our City. Other cities have found that code enforcement is a Possible solution to assure adequate housing according to decent health standards for the residents of our city. I suggest that we take a serious look at this problem :and at this possible solution. 5) A fifth area . that we have neglected is the matter of the needs of • ' the physical plant of the City Hall. As the city has grown, so have the services that we . have had to provide and sohas the staff increased in providing. those services. The de- partments that are'now housed in City'Hall definitely need expansion and it is our responsi- bility to begin to'plan` for that expansion. 6) And the sixth concern I havelis that we have unemployment in our city, and have .had for years; far above the nation wide average. It seems that this is an area that the city council.should study for a possible solution and implement a program of action to alleviate .our chronic unemployment problem. Certainly I recognize that we in the city council must give a great deal of our time toFthe tradi- tional.problems of our city.. But I feel that - an equal amount of time must come from us • to provide the essential leadership that is needed in these areas. I suggest , we can • -provide that leadership in some instances by placing the issues directly to the people., • In other instances we can provide the leadership by appointing Citizens Committees to study the problems. And in many instances, it may take unilateral action from the council itself after making proper. study. My only suggestion here is that we,niust spend more time on these issues that deeply effect the living conditions of our community. I4 so doing we will be able to.totally serve the community, in the elective.positidns that we!hold. Fur- • ther, if we do not provide the leadership in.stimulating the community - to action. on these and other Problems, I wonder who will ?" Council members indicated that they are aware of these problems and have discussed them and have been working.on most of them for . some time., They further indicated that they appreciate these matters being brought to the attention of the public, as some of the problems require leadership by citizeris'groups. and committees.. . . . , ' H . . it City Manager McMicken explained that the City of Yakima presently property from the Yakima Valley Transportation Company for operating its Transit Department andsaid lease II expires on October.2, 1968. After due.discussion,.it was MOVED by Lambert, seconded by Robinson that.Resolution No. D -1221 authorizing the execution of'an agreementlta extend . said agreement for one year, be passed as read: carried; Keith,_Kurbitz, Lambert,Larson, McNeice and Robinson voting aye.on roll call. Brown absent. RESOLUTION NO. D-1221, 'A RESOLUTION authorizing and directing .the City Manager and City Clerk of the City of Yakima, to execute an agreement with Yakima Valley Transportation Company. . i . City Manager McMicken stated that 23 applicants have applied permits for the retail • sale of.fireworks. within.the City of Yakima and that the Fire Marshal recommends these be granted. It was then MOVED by Robinson, seconded by.Lambert that Resolution No. D -1222 granting permits for the retail.sale of fireworks.to said Epplicants, be passed as read: carried, Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye on roll call{ Brown absent. . i RESOLUTION NO. D- 1222, . A RESOLUTION granting:permits for the retail.sale of fireworks within the City of Yakima for.1968. • • City Manager McMicken reported that bids were received and considered by a Board on June 19, 1968, for S. 16th Arterial Improvement, Nob•Hill Blvd. to Chestnut Avenue, and that.on Schedule I, Superior Asphalt and Concrete Company, submitted the lowest bid of $91,953,70, but - was disqualified because they did not.submit an acknowledgement of an addendum, with -their hid. He further reported that the bid of Yakima Cement.& Asphalt • ` Paving Company, in - the'amount of $92,410.,.50, was slightly higher, but met the requirements, by submitting accknowledgment of said.addendum, and, stated that the City Engineer recommends awarding the Contract to Yakima.Cement &.Asphalt Paving Company. Public Works • Director - John Mayo, explained that in the. specifications sent out, to the bidders, there were two.types of pavement removal called for, Cl. "A ", at $1:20 unit price and Cl. "B ", at $10.00 per unit price. He further explained that in the specifications an; error was made regarding this pavement removal which could cost the City about $73,000, and when • this was discovered, a letter, or addendum, explaining the mistake, was mailed to all bidders, requesting that this addendum be'aeknowledged as a part of their bid. Mr. Mayo stated that when the bids were opened, that'•although Superior Asphalt and Concrete Company . had submitted the lowest bid, they were disqualified because they failed to acknowledge the addendum as a part of'their bid, and that Yakima Cement & Asphalt Co.,.with'a slightly higher bid, but still less than the Engineers Estimate, had compled with all requirements and had filed an acknowledgement of the addendum with their bid. Mr. Morris Shore; attorney representing Superior Asphalt and Concrete Company, stated they are protesting the recommendation to award the contract to Yakima Cement & Asphalt Company. He. ,explained that Superior had not received the addendum in the mail until. Monday morning, after they had submitted their bid. He also stated that Superior detected the error 'and had bid accordingly, feeling that this was just a typographical error. Mr. Shore stated than an • affidavit been filed in the City Attorney's office stating that . uperior wants its bid (continued) .. i ■ :;. ... . . • r. . 444 . JUNE 24, 1968 to stand and that it had anticipated contents of the addendum, even though the letter . wasn't received or acknowledged. Mr. Howard_Elofson appeared on - behalf of the Yakima • . 'Cement and Asphalt Company, stating that they. had submitted the bid and addendum correctly and feel that they should be awarded the' contract. City Attorney Andrews indicated that III he felt that Superior didn't comply with the technical requirements of responding to the addenda and their bid should.be disqualified. Councilman Robinson and Lambert stated they feel very badly about this, but that regulations.must be and there doesn't seem • to be anything else to do but award the bid to Yakima Cement & Asphalt but would • ,hope that in the'future if something like this happens, that we should make sure that all bidders have this information. Councilman Kurbitz,. indicated that he feels that this is . .a.-very unfortunate matter, and would suggest that this matter be held over for one week and investigated more thoroughly. After due'discussibn, it was MOVED by Robinson, seconded by Lambert that the Engineer's recommendation be accepted and Yakima Cement and Asphali • Paving Company, having submitted a bid in the amount of $92,410.50 with the acknowledgement of the addendum attached, that they be awarded the bid 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: carfied, Keith, Lambert, Larson,.McNeice and Robinson voting aye by vo'ice'vote. ' Kurbitz voting nay by voice vote. Brown absent. Councilman Kurbitz stated that`he wished to change his vote and will vote with' prevailing side and • announced his intention to move for the reconsideration of this matter at the next meeting. . City Manager McMicken stated that on Schedule Il•of the Bid Summary on the'S. 16th Avenue, • Nob Hill Blvd..to.Chestnut Avenue, bids were received and considered by a Bid Board on June 19, 1968, as.follows:. . Bill's Septic Service $ 8,066.25 ' DeBlasio Construction Co. 9,795.75 ' . The City Engineer recommending that Bill's Septic Service, having submitted the low bid, be awarded the contract,• it was MOVED by Robinson, 'seconded by McNeice that the recommenda- tion of the City Engineer be accepted and that the bid be awarded to Bill's Septic Service in the amount of $8,066.25, 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; Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. .Brown absent. • City Manager McMicken reported that bids were received and considered by'a Bid Board on June .20. 1968, on S. 16th Avenue Watermain, Nob Hill Blvd. to Lincoln Avenue, as follows: • Bill's Septic Service - $167,440.35 DeBlasio Construction Company 171,180.41 . The City Engineer recommending that Bill's Septic Service, having submitted the low bid, . be awarded the contract, it was MOVED by Robinson,' seconded by Lambert that the recommenda- . tion of the City Engineer be accepted and that the bid be awarded to Bill's Septic Ser -• vice in the amount of $167,440.35, 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, Keith,.Kurbitz, Lambert, Larson, McNeice.and Robinson voting aye by voice vote. Brown absent. • • . • • City Manager McMicken indicated that Fire Chief Shockley requests authorization be given for Battalion Chief Lindberg to travel to Cornelius, Oregon, where the Snorkel is being completed. It was MOVED:by Lambert, seconded by Robinson that said travel be allowed with:.expenses paid: carried; Keith, Kurbitz, Lambert, Larson, McNeice and Robinson voting aye by voice vote. -Brown absent. •. There being no further business to come before the Council, it was MOVED by Kurbitz, seconded Keith that we do now adjourn at the hour of 6:55 P.M.: carried, Keith, Kur ''r:bi:.tz. ;; Lambert,' Larson, McNeice and Robinson voting aye by voice vote. Brown absent. / . READ AND CERTIFIED ACCURATE BY , 1 / � DATE V, . . • • . ' -• UNCILMAN . I /5 Y/ i 4Z-G-c__A • DATE //. / • . • � COUNCILMAN -- • . ATTEST: ..22./(-22//,;(..i&4-2 C -•I T Y • C L E R K — . M A Y O R •