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HomeMy WebLinkAbout03/31/1969 Business Meeting r 549 MARCH 31, 1969 The City met in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, McNeice and Robinson,. Assistant City Manager Friedline and City Attorney Andrews present on roll call. Councilman Kurbitz absent on roll call. It was MOVED by Robinson, seconded by Keith that Councilman Kurbitz be excused from this meeting: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. City. Manager McMicken absent and in the hospital. The Invocation was given by Councilman Keith. The minutes of the regular meeting of March 24, 1969, 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 by the City Council at the last regular meeting on March 17, 1969, this being the time set for the continuation of the Hearing on the request for the proposed Vacation of a portion of South Sixth Avenue, and there being no further infor mation available on this matter at this time, it was MOVED by Robinson, seconded by Keith that this Hearing be continued to April 14, 1969: carried, Brown, Keith, Lambert, Larson, .McNeice and Robinson voting aye by voice vote. Kurbitz absent. This being the time fixed for the Hearing on the Assessment Roll for L.I.D. No. 968, Carolyn Addition and Others Sanitary Sewer District, and there being no protests filed in writing or- otherwise, it was MOVED by Brown, seconded by Lambert that Ordinance No. 1116 confirming said Assessment Roll and every part thereof., be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. ORDINANCE NO. 1116, AN ORDINANCE confirming the roll covering Local Improvement District No. 968 as created and established by Ordinance No. 1002 of the Ordinances of the City of Yakima. . A Damage Claim, having been filed with the City Clerk on March 25, 1969, by Mr. Don Grant, 2800 - 5th Street, Union Gap, Washington, in the amount of $10,000,.. for damages caused by a City water department pickup truck, it was MOVED by McNeice, seconded by Keith that said Damage Claim be referred to the City Manager. and Staff for study and recommendation: carried, Brown, Keith, Lambert,. Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. It was MOVED by Brown, seconded by Robinson that Ordinance No. 1117 fixing the time of delinquency and providing for the issuance of bonds for the payment of the unpaid portion of L.I.D. No. 965,-Englewood Heights and Others Paving District, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. . "- ORDINANCE NO. 1117, AN ORDINANCE fixing the time of delinquency of installments of assess- ments levied for the payment of the cost of the improvement in Local Improvement District No. 965, and providing for .the issuance of bonds with coupons attached for the payment of the unpaid portion. thereof. It was MOVED by Robinson, seconded by Keith that Ordinance No. 1118 amending the Traffic Code re speed limits on Fruitvale Boulevard,, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz_absent. City. Attorney Andrews explained that these speed limits have been in existence and were in the Traffic Code up until 1966, when the Code was amended and this section was inadvertently left out, and this Ordinance merely puts it back into the Traffic Code. ORDINANCE NO. 1118, AN ORDINANCE relating to traffic control; setting speed limits on Fruitvale Boulevard; adding Subsection 9.75.010 (c) (23) and Subsection 9.75.010 (d) (8), all of the City of Yakima Municipal Code, and declaring an emergency. It was MOVED by Brown, seconded by Lambert that Ordinance No. 1119 providing for the im- pounding and disposition of abandoned vehicles, be passed as read: carried, Brown,. Keith, Lambert, Larson,_McNeice and Robinson voting aye on roll call. Kurbitz absent. Assistant City Manager Friedline referred to City. Manager Resport #51, Removal of Abandoned Vehicles, which explains that the requested Ordinance will give the City power necessary to carry out a program of clearing the streets and yards of junked vehicles. ORDINANCE NO. 1119, AN ORDINANCE relating to public health, safety and morals; defining an abandoned vehicle and declaring the storage thereof to be a nuisance; providing for notice; providing for the impounding and disposition of abandoned vehicles; adopting new Section 6.56.075 and amending Section 6.56.260, all of the City of Yakima Municipal Code. An Ordinance appropriating $26,853 for the Metropolitan Park District, having been read in its entirety at this meeting, was laid on the table for one week or until April 7, 1969. Assistant City Manager Friedline referred to City Manager Reports #48 and #52, which refer to Financing the Metropolitan Park District and explained that this appropriation is necessary to allow the City to financially aid the Metropolitan Park District, in accordant with action taken by the City Council at their meeting of March 3, 1969. He further ex- plained that this Ordinance and the reports are connected with the two Resolutions that refer to the Financing of the Metropolitan Park District, to be considered later in this meeting. Mr. Edwin Ward, being present, referred to the Petition for parking on N. 16th Avenue I/ between Lincoln Avenue and Fruitvale Boulevard, which he and others filed with the City Clerk and City Council on February 24, 1969, and asked if anything has been done regarding this matter. Public Works Director, John Mayo, explained that this matter has - been re- ferred to the Traffic Engineer for study, and that a written report will soon be forth- coming to be presented to the Council. He further indicated that Mr. Ward and other interested people will be notified when this report is presented to the City Council for action. Assistant City Manager Friedline referring to the matter of transferring of $26,853 within the 1969 Budget for disbursement to the Metropolitan Park Fund in order to maintain the operation of the Metropolitan Park District program for the current year, it was MOVED by Brown, seconded by Keith that Resolution No. D -1324 transferring said funds, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. Council members indicated that they hope this is a temporary measure and 550 MARCH 31, 1969 that the State Legislature will.be able to assist in the funding of the Park Department and that these funds transferred from the various City departments, will be able to be reimbursed. . RESOLUTION NO. D -1324, A RESOLUTION. transferring the amount of $26,853 within the 1969 appropriation for 100 - Current' Expense Fund. . Assistant City Manager Friedline referring to the matter of deferring for one year, the repayment of the principal installment on a. loan to the Metropolitan Park District, it was MOVED by Keith, seconded by McNeice that Resolution No. D -1325 deferring said payment and amending. Resolution No. D -1208 authorizing a'loan, passed. May 13, 1968,.be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. D- 1325,_A RESOLUTION deferring for one year the repayment of the principal installment on a loan by the City of Yakima to the Metropolitan Park District of Yakima authorized by Resolution No. D -1208, dated May 13,.1968; and amending said Resolution No. D -1208. Assistant City Manager Friedline referred to the matter of pending litigation between Donald A. & Inis Potter and the City of Yakima, in which the plaintiffs were asking for $201,273.33, and have offered to accept $17,750 in full settlement of their claim. The City Attorney recommending that this offer seems to be a reasonable amount, it was MOVED by Robinson, seconded by Lambert that Resolution No. D -1326 authorizing settlement of said pending litigation, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. 0-1326, A RESOLUTION authorizing the settlement of pending litigation entitled Donald A. Potter and Inis Potter, husband and wife, Plaintiffs, vs. City of Yakima,. Washington, a municipal corporation, Defendant, Cause No. 51125 in the Superior Court of the State of Washington in and for Yakima County. Assistant City Manager Friedline referring to the matter of the execution of a pipe line crossing agreement with Union Pacific Railroad Company, it was MOVED by Robinson, seconded by Keith that Resolution No. D -1327 authorizing the execution of said pipe line crossing agreement, be passed as read: carried, Brown,. Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. D -1327, A RESOLUTION authorizing and directing the Mayor and City Clerk of the City of Yakima to execute a pipe line crossing agreement with the Union Pacific Rail- road Company. . Assistant City Manager Friedline referred to the condemnation proceedings in which the City is seeking title to real property as right -of -way for Washington Avenue as it is to be relocated in the vicinity of the Yakima Municipal. Airport, and indicated that John V. and Florence A. Bolm, who are defendants in said condemnation proceedings, have offered .to convey said property to the City in exchange for other property owned by the City, to- gether with an additional payment of $400. City Attorney Andrews indicating that this offer is reasonable and recommending that it be accepted, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1328 authorizing the acquisition of said property and the conveyance of property by the City as partial consideration, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. . RESOLUTION NO. D -1328, A RESOLUTION authorizing the acquisition of real property from John V. Bolm and Florence A. Bolm, husband and wife, as right -of -way for Washington Avenue and as right -of -way for the future improvement of South 24th Avenue; and authorizing the con- veyance of real property by the City as partial consideration therefor. Assistant City Manager Friedline referred to the City Attorney's Memo regarding the water . meter antitrust litigation being filed against various suppliers of water meters and re- questing authorization for the City of Yakima to participate and pay its pro rata share of cDst and attorney fees. City Attorney Andrews explained that it appears there exists in this area a conspiracy to fix the prices of water meters sold to governmental agencies, including the City of Yakima and that several cities under the guidance of the Association of Washington Cities are planning to file a civil antitrust action in the Federal District Court of the Western District of Washington and that he recommends that the City of Yakima join in this action. After due discussion, it was MOVED by Robinson, seconded by Keith that Resolution No. D-1329 authorizing the City of Yakima to participate in said water meter antitrust litigation, be passed as read: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. .Kurbitz absent. RESOLUTION NO. D- 1329,.A RESOLUTION authorizing the City of Yakima to participate in liti- gation as a plaintiff against various suppliers of water meters in a cause to be filed in the United States District Court for the Western District of Washington. Assistant City Manager Friedline referring to the Vacation of 4th Street and related T alleys for the Yakima Mall Shopping Center Corporation, and stating that the Vacation was to have become effective as of May 1, 1969, but that since they are not ready to start construction, the Staff feels that this matter should be postponed. After due discussion, it was MOVED by Brown, seconded by Lambert that Resolution No. D -1330 fixing April 28, 1969, as the date for a hearing on postponing the effective date of said Vacation, be passed as read: carried, Brown, Keith, Lambert, Larson McNeice and Robinson voting aye on roll call. Kurbitz absent. RESOLUTION NO. D -1330, A RESOLUTION fixing the time and place for a public hearing on the amendment of Ordinance No. 1012, passed March 11, 1968, as amended by Ordinance No. 1038, passed June 24, 1968, as amended by Ordinance No. 1074, passed October 28, 1968, vacating a portion of North 4th Street and certain alleys in the City. of Yakima, to postpone the effective date of such vacation. Assistant City Manager Friedline referring to the City•Engineer's report on the completion of L.I.D. No. 973, Englewood Crest Condominium Water and Sewer District, it was MOVED by Robinson, seconded by Keith that April 28, 1969, be fixed as the time of Hearing on the assessment roll for said District: carried, Brown,'.Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. 551 MARCH 31, 1969 There being no further business to come before the Council, it was MOVED by McNeice, seconded by Keith that we do now adjourn at the hour of 4:15 P.M.: carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye by voice vote. Kurbitz absent. , / READ AND CERTIFIED ACCURATE BY ) / 7/) DATE / / / COUNCILMAN DATE 7 - F._// COUNCILMAN ATTEST: / - / CITY CLERK MAYOR . . • • • • • • •