HomeMy WebLinkAbout09/22/1969 Business Meeting 62(
SEPTEMBER 22, 1969
The City Council met in regular session, Mayor Larson presiding, Councilmen Keith, Kurbitz,
and McNeice, City- Manager McMicken and City Attorney Andrews present on roll call. Council-
men Brown, Lambert and Robinson absent on roll call, having been excused from this meeting
at a .previous meeting. . . .
The Invocation was given by Councilman Keith.
The minutes of the regular meeting of September 15, 1969, having been duly certified ac-
curate by two Councilmen and no one present wishing to have. said minutes read publicly,
Mayor Larson declared said minutes approved as recorded.
Petition No. 646 having been filed with the City Clerk on September 18, 1969 by Decoto
Aircraft, Inc., requesting improvement of property by the paving of South 28th Avenue,
from Washington Avenue to approximately 400 feet south, and having already been studied
by the Staff, is being included in a Resolution of Intention to create a local improvement
district to be acted upon later in this meeting, and no further action was taken at this
time on this matter.
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Damage Claims having been filed with the City Clerk on September 18, 1969 by Joseph G.
Vuleta, 303. N. 8th Street, for damages to his car at the City Garbage Disposal Plant, and
by Mrs. Edna Tanner, 707 N. Front Street, for damages caused by the Garbage Department re-
moving bulbs and property that was not garbage, it was MOVED by Keith, seconded by McNeice,
that said Damage Claims be referred to the City Manager and Staff for study and recommenda-
tion: carried, Keith, Kurbitz, Larson and McNeice voting aye by voice vote. Brown,Lambert
and Robinson absent.
An Ordinance appropriating $12,000 from unappropriated money in the Firemen's Relief and
Pension Fund to various accounts within that Fund, having been read in its entirety at the
previous meeting of September 15, 1969, and being read by Title only at this meeting, it
was MOVED - by Keith, seconded by McNeice, that Ordinance No. 1161 authorizing said appro-
priation be passed as read: carried, Keith, Kurbitz, Larson and McNeice voting aye on roll
call. Brown, Lambert and Robinson absent.
ORDINANCE NO. 1161, AN ORDINANCE appropriating the amount of $12,000 from unappropriated
money in Fund No. 610 - Firemen's Relief & Pension Fund, to Account 150, Refunds of Pension
Contributions & Benefits, and 160, Pensions, of the Maintenance and Operation classifica-
tion of the 1969 appropriation for Fund No. 610 - Firemen's Relief & Pension Fund.
An Ordinance appropriating $95,000 from anticipated receipts from 1 /2C gasoline tax pro -
ceeds to Arterial Street Fund, having been read in its entirety at this meeting, was laid
on the table for one week . or until September 29, 1969.
It was MOVED by McNeice, seconded by Keith, that Ordinance No. 1162, amending the rate of
Utility Tax to be collected from Pacific Power and Light Company be passed as read: car-
ried, Keith, Kurbitz, Larson and McNeice voting aye on roll call. Brown, Lambert and
Robinson absent. City Attorney Andrews explained that this Ordinance is merely a house-
keeping Ordinance made necessary by the new Franchise approved by the voters, and effective
as of September 16, 1969. He further explained that this Ordinance amends the Yakima Muni-
cipal Code to change the fee percentage from 2% to 3% which, plus the 2% Franchise fee
called for in the new approved Franchise, makes the total fee to be collected from Pacific
Power and Light. Company 5%, the same as they have paid in the past and as paid by the
other Utility Companies.
ORDINANCE NO. 1162, AN ORDINANCE relating to licenses business regulations; imposing
annual license fees or taxes on certain business activities and authorizing certain deduc-
tions; and amending: Sections 5.50.050 and 5.50.070 of the City of Yakima Municipal Code.
Mr. Herb Schoff, a candidate for City Council, read a statement written by him asking
about, and criticizing the hiring practices of the City Council and the Planning Depart-
ment regarding the hiring of personnel to conduct the Family and Housing Survey being
conducted by the Planning Department. (A copy of his written statement is on-file.) City
Manager McMicken stated that the employment of the person depends on his ability to meet
the minimum qualifications of the job and if he does not perform in that job in accordance
with reasonable standards of employment, he will be discharged. It was then MOVED by
Keith, seconded by McNeice, that the matters brought before this meeting by Mr. Schoff be
referred to the City Manager and Planning Staff: carried, Keith, Kurbitz, Larson and
McNeice voting aye by voice vote. Brown, Lambert and Robinson absent.
An appeal from the Planning Commission's decision in denying the rezone application, of Mr.
and Mrs. John Wade & Others, requesting rezone of property situated between N. 16th and
18th Avenues on the south side of Lincoln Avenue, having been filed with the City Clerk
on September 18, 1969, it was MOVED by Keith, seconded by McNeice, that October 27, 1969
be fixed as the time for a Hearing by the City Council on said matter and that the City
Clerk give notice of'such hearing as required by law: carried, Keith, Kurbitz, Larson
and McNeice voting aye by voice vote. Brown, Lambert and Robinson absent.
City Manager McMicken referring to the Resolution of Intention to improve property by the
paving of certain streets and alleys, 1969 Street and Alley Paving L.I.D., in accordance
with Petitions No. 615, 620, 623, 627, 630, 633, 638, 640, 645 and 646, it was MOVED by
Keith, seconded by McNeice, that Resolution No. D -1394, a Resolution of Intention . to
create a local improvement district and fixing the time of Hearing on said matter for
Monday, October 20, 1969 at the hour of 8:00 P.M. be passed as read: carried, Keith,
Kurbitz, Larson and McNeice voting aye on roll call. Brown, Lambert and Robinson absent.
RESOLUTION NO. D -1394, A RESOLUTION of intention to create a local .improvement district.
City Manager McMicken referring to the Damage Claim filed by Stuart Semon and Memo from
City Attorney Andrews, which explained that Mr. Semon claimed that asphalt was sprayed on
his car during the course of street maintenance work performed by the City on June 18,
1969, and although the City crew has no actual knowledge of the incident, the amount of
$7.79 is considerably less than the City has paid on previous occasions for this same type
of claim and recommends that the claim be paid, it was MOVED by McNeice, seconded by
Keith, that Resolution No. D -1395 authorizing the payment of $7.79 to Stuart Semon in
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satisfaction of a claim for damages, be passed as read: carried, Keith, Kurbitz, Larson
and McNeice voting aye on roll call. Brown, Lambert and Robinson absent.
City Manager McMicken referred to his Report #64, L.I.D. Bonds - Changes in Procedure,
stating that the Director of Finance and City Treasurer have reported that changes in our
procedures affecting L.I.D. bonds are in order due to recent state legislation and changes
in the bond market, and suggested the following changes:
"Changes Due to State Law Changes
a. Eliminate publication requirement of Treasurer's notice of collection of
assessment roll in 10 consecutive daily issues and requiring only such
publication once a week for two consecutive weeks.
b. Provide for increasing the maximum interest rate on assessment install-
ments from 8% to 8 -1/2/.
Other L.I.D. Changes Proposed .
c. Upon delinquency, a penalty of 8% should be attached and become a part of
all such assessments (rather than 5 %). .
d. Current practice has been to quote L.I.D. petitioners a future interest
rate. It is proposed that this practice be eliminated and that the City not
become committed on the interest rate until the final assessment roll
hearing; The petitioners will be told that the interest will be influenced
by the "market rate," and will be determined at the time of "Notice of
Hearing on Assessment Roll."
Mr. McMicken recommending that the Yakima Municipal Code be amended to provide for the
procedures described in a, b, and c, and that the City policy on quoting L.I.D. assessment
rates be determined at the time of Notice of Hearing on the Assessment Roll, it was MOVED
by Keith, seconded by McNeice, that the changes be made in L.I.D. Bond procedures, as
recommended by City Manager McMicken's report #64: carried, Keith, Kurbitz, Larson and
McNeice voting aye by voice vote. Brown, Lambert and Robinson absent.
City Manager McMicken stated that a matter not on the agenda is an offer to purchase pro-
perty from the City by the State Highway Department in the total amount of $4,800, for a
right -of -way for highway in the improvement of SR 12, MP 199.98 to MP 202.37,Fruitvale
Interchange to North First Street Interchange. He further indicated that it appears to
be to the best interest of both the City of Yakima and the State of Washington that the
City Council convey said lands to the State of Washington by quit claim deed and recom-
mended said transaction. After due discussion, it was MOVED by McNeice, seconded by
Kurbitz, that Resolution No. D -1396 authorizing the execution of a quitclaim deed convey-
ing property to the State_of Washington Department of Highways, in the matter of the Fruit-
vale Interchange to North First Street Interchange, be passed as read: carried, Keith,
Kurbitz, Larson and McNeice voting aye on roll call. Brown, Lambert and Robinson absent
RESOLUTION NO. D -1396, IN THE MATTER OF SR 12, MP 199.98 to MP 202.37 Fruitvale Interchange
to No. First St. Interchange. .
City Manager McMicken referred to another matter not on the Agenda, reporting that the
Public Works Department utilizes the Washington State Highways Department testing labora-
tory and in order to pay for this testing work, recommends that authorization be given
for $500 to be withheld from the monthly fuel tax monies. After due discussion, it was
MOVED by Keith, seconded by McNeice, that RESOLUTION NO. D -1397, authorizing the transfer
of $500.00 from the fuel tax monies to pay for certain materials testing work, be passed
as read: carried, Keith, Kurbitz, Larson and McNeice voting aye on roll call. Brown,
Lambert and Robinson absent.
RESOLUTION NO. D -1397, TRANSFER RESOLUTION AND REQUEST FOR THE DIRECTOR OF HIGHWAYS TO
PERFORM CERTAIN WORK.
City Manager McMicken requesting authorization for out -of -State travel for John Currier
and Charles Foster, to Tigard, Oregon to attend a Mechanics meeting, and for Director of
Planning and Community Development, Bruce Finke, to attend an Urban Planning Meeting in
Portland, Oregon, it was MOVED by Kurbitz, seconded by Keith, that said out -of -State
travel be authorized with expenses paid: carried, Keith, Kurbitz, Larson and McNeice
voting aye by voice vote. Brown, Lambert and Robinson absent.
Mayor Larson referring to the action taken by the City Council at a previous meeting,
when the matter of Mr. Walter .P h term. on the Planning Commission expiring as of
August, 1969 and the necessity of filling this position, was continued in order to give
further consideration to the appointment, and indicating that Mr. :1 i.;lipp is willing to
serve another term, it was MOVED by Kurbitz, seconded by. Keith, that Mr. Walter Philipp
be re- appointed to serve for a six year term to expire August, 1975: carried, Keith,
Kurbitz, Larson and McNeice voting aye by voice vote. Brown, Lambert and Robinson absent.
There being no further business to come before the Council, it was MOVED by Kurbitz, sec-
onded by Keith, that we do now adjourn at the hour of 3:45 P.M.: carried, Keith, Kurbitz,
Larson and McNeice voting aye by voice vote. Brown, Lambert and Robinson absent.
READ AND CERTIFIED ACCURATE BY Alk ,Af � j _ DATE
COUNCI 'N
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ATTEST: COUNCILMAN
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