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HomeMy WebLinkAbout02/17/1969 Business Meeting J 1 532 FEBRUARY 17, 1969 The City Council met in regular session, Mayor Larson presiding. Councilmen Brown, Keith, Lambert and McNeice, City Manager McMicken and City. Attorney-Andrews present on roll call. Councilman Kurbitz present after 8:30 p.m. The Invocation was given by Councilman Lambert. The minutes of the regular meeting of February 10, 1969, having been duly certified accurate by two Councilmen,•and no one present wishing tos have said minutes read pub- licly, Mayor Larson declared said minutes approved as recorded. This being the time fixed for the, Hearing on -the. Assessment Roll for L.I.D. No. 965, Englewood Heights & Others Paving District, and there being. filed with the City Clerk, ' in writing, one protest, it -was MOVED by Brown, seconded by Lambert, that Ordinance. No. 1101 confirming said assessment roll and every part thereof, be passed as read: carried, Brown, Keith, Lambert, Larson, and McNeice voting aye on roll call. Kurbitz • . and Robinson absent. Mr. Logan R. Dimond, 22 Nob Hill Boulevard, who filed a protest in writing, was present and stated that they. thought that at 'a previous hearing at •. . which they had also objected,.this L.I.D. had been protested out, and cannot understand why they are now being charged for this improvement. Public Works Director, John Mayo, .• explained there had been a Hearing several years ago at which time this improvement had been protested out; then when the improvement was again petitioned by property • owners in this vicinity, there were some protests, but not enough to protest out the improvement and the work was done. Mr Mayo stated that at'the time of the Hearing , when the L.I.D. was created, there was an identical rate .of $4.00 per running foot on the north and south sides of Nob Hill Boulevard; that the people on the north side objected because of the railroad track and the fact that they would not have a side- walk on their side and felt it was'not fair that they pay the same rate as those on the south side. He further stated that,on that basis, the north side was'charged $2.50 per front foot and the south side $4.00 per front foot and the rest of the improvement is paid from gas tax - monies. Mr. Mayo indicated that the final assessment is identical with the amounts on the estimates. . Councilman Lambert.referred to Mr. Dimond's letter . in which he had also mentioned that the sidewalks had not. been cleaned of snow this • .winter by any of the owners. City Attorney Andrews explained that the Police Depart . ment follows through on any complaints about sidewalks that have not been cleaned and stated that there have been quite a few complaints that have been acted upon by the Police Department this winter. ORDINANCE NO. 1101, AN ORDINANCE confirming the assessment roll covering Local Improve- ment District No. 965 as created and established by Ordinance No. 928 of the Ordinances . of the City of Yakima. . • . A Certificate. Certifying a Petition as filed by Sheldon Searle President, West Valley Cablevision, Inc., was read to the City Council, certifying that a sufficient number :of qualified. electors have signed said Petition which requests that an election be held at the earliest possible time on the matter of whether the people want cable T.V. in the City of Yakima. City Attorney Andrews explained that the Council must now do something in response to this Petition, which is an initiative petition. He • stated that the requested ordinance would grant.a franchise, but under the Yakima • City Charter, the Council cannot legally grant .a franchise and must call an election • to submit the proposal to the voters. He further stated that the Council has 20. days • after the filing of the petition.in which to.do this. Mr. Andrews further stated that arrangements will have to be made with the County Auditor as to-when an election can be called. .Before taking any action on this matter, Mayor Larson referred to a letter of application from Community Television, Inc., requesting to place their application for a non - exclusive community antenna television'frarichise on the ballot at the same time as the West Valley Cablevision matter, to provide the electorate of the City with a choice. Mr. C. W. Halverson, Attorney Community Television, Inc., • was present and stated that this letter /application is submitted on.behaif_of a cor- poration to be formed between Republic Publishing Company and Community Television,Inc. He further stated that Community Television, Inc. is a communications system which has been in operation for many years and that they have been working on the matter of submitting a proposition to the voters for some time but. had not, as yet, put out petitions for signatures. Mr. Halverson indicated that since there have been enough valid signatures.on a similar petition to bring about a legal election on the matter . of cable television in Yakima, he could see no reason why it is not perfectly proper and lawful for the Council to place the request for franchise for Community Television, Inc. on the ballot at the same time as the West Valley Cablevision matter,.to allow the voters a choice. General discussion brought out the facts that West Valley Cable- vision, Inc., in their proposed ordinance, will pay 4% of gross revenue. to the City and Community Television, Inc. proposes to pay 5% of the gross revenue to the City. Mr. Sam Boyd, with a Selah cable. service, asked if cable T.V. is allowed . in the City of Yakima, if he would be allowed to wire into Yakima to meet their cable. City Attorney Andrews explained that a franchise does not license the operator to have . cable T.V., but allows the T.V. company given the franchise to string the lines over, under and on the public streets and across public rights -of -way. Mr. Rich Borden . spoke on behalf of the West Valley Cablevision, Inc: regarding the work involved in obtaining signatures on the petitions and stated that he feels that other cable T.V. . - companies should have to do the same. Councilman Lambert indicated that she could see no reason why. both matters could not be on the ballot at the same election. Other Councilmen indicated that they felt that since one company went to all the work of • getting signed petitions, that any other company wishing to put the matter on the • ballot should have to do the work of getting signed petitions also. After due dis- . . cussion,, it was MOVED by Keith, seconded by Lambert, that the Council instruct the City Attorney to prepare a Resolution for the consideration of the Council two weeks 111 . from this date, or March 3, 1969, requesting the County Auditor to hold a special election on the matter of the granting of a franchise to West Valley Cablevision, • . • Inc:, as requested by their petition: carried, Brown, Keith, Kurbitz, Lambert, Lar- son and McNeice voting aye by voice vote. Robinson absent. After further discussion • with Mr. Halverson regarding the request of Community Television, Inc. & Others for a cable T.V. franchise to be voted upon at the same time as the one for West Valley Cablevision,' Inc.,'it was MOVED by Lambert that the. Council instruct the City Attorney • J 533 . FEBRUARY 17, 1969 ' to place this matter on the ballot to be voted on at the same time. The Motion died for want of a second. City Attorney Andrews explained that in accordance with a request from the Police De- partment to amend the Ordinance relating to loitering about on school premises, which was adopted a couple of years ago, the language has been somewhat changed and a sen- tence added that a person not a student, parent or guardian of a student, and accused of violating this section of the Code, would have to prove that he made known to the office of the administrator of such school or institution the purpose of his presence there and that he was there with a lawful purpose. Councilman Keith asked if we are not stepping on the rights of an individual. After due discussion, it was MOVED by Lambert, seconded by McNeice, that Ordinance No. 1102 relating to public safety and morals and amending the Yakima Municipal Code, be passed as read: carried, Brown, Kurbitz, Lambert, Larson and McNeice voting aye on roll call. Keith voting nay on roll call. Robinson absent. ORDINANCE NO. 1102, AN ORDINANCE relating to public safety and morals; prohibiting loitering about school premises; and amending Section 6.04.366 of the City'of Yakima Municipal Code. . It was MOVED by Lambert, seconded by Keith, that Ordinance No. 1103 amending a section of Ordinance No. 1096, passed by the Council on January 13, 1969, confirming the assess- ment roll covering L.I.D. No. 960, North 58th Avenue and Others Paving District, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye on roll call. Robinson absent. Public Works Director, John Mayo, explained that it was recently discovered that two parcels of property had been inadvertently included in the paving portion of.this District, when they should have been assessed for water service improvements only, making it necessary to amend the confirming ordinance. ORDINANCE NO. 1103, AN ORDINANCE amending Section 1 of Ordinance No. 1096, passed by the Yakima City Council on January 13, 1969, and entitled "AN ORDINANCE confirming the ' assessment roll covering Local Improvement District No. 960 as created and established by Ordinance No. 831 as amended by Ordinance No. 846 of the Ordinances of the City of Yakima" to reduce the assessments against two parcels of real property within Local Improvement District No. 960. City Manager McMicken referred to the matter of awarding of the annual bid for City Advertising. In accordance with Resolution No. D -1304 prescribing a form of contract for City Advertising and directing publication of notice for proposals, one bid and one bid only was submitted by the Yakima Daily Republic for the City printing for the period commencing February 17, 1969 and ending on the third Monday in February, 1970. After due discussion, in which it was brought out that the rates are the same as last year, it was MOVED by McNeice, seconded by Keith, that the bid submitted by the Yakima Daily Republic be accepted and that the City Manager be, and is hereby authorized, to enter into an agreement with said Yakima Daily Republic: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye by voice vote. Robinson absent. City Manager McMicken referring to the City Engineer's report on the completion of L.I.D. No. 967, Valley View Estates & Others Paving District, it was MOVED by Lambert, secon- ded by Brown, that March 17, 1969 be fixed as the time of Hearing on the .assessment roll for said District: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye by voice vote. Robinson absent. - City Manager McMicken explained that the City acquired six street light poles and ap- purtenances situated on North First Street, when the Washington State Highway Depart- ment abandoned that street as a state highway and when the area containing the street light system was annexed to the City. He further explained that it would seem to be in the best interests of the City to sell these lights to the Pacific Power. and Light Company to operate a part of its street light system throughout the City, under the terms of an existing agreement between the City and Pacific Power and Light Company. After due discussion, it was MOVED by McNeice, seconded by Lambert, that Resolution No. D- 1310, authorizing the sale of six (6) street light standards to Pacific Power & Light Company, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO. D -1310, A RESOLUTION authorizing the sale of an electric street light system to Pacific Power & Light Company. City Manager McMicken referred to Resolution No. D -1230 passed on July 8, 1968, which authorized the execution of an agreement with the State of relating to the acquisition of property for construction improvements and additions to the water supply system of the City, and explained that it is now necessary to enter into a supplemental agreement for additional work to be performed on said project. After due discussion, it was MOVED by Brown, seconded by Keith, that Resolution No. D -1311 authorizing the execution of an agreement with the State Highway Commission, be passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO. D -1311, A RESOLUTION authorizing the execution of a supplemental.agree- ment with the State of Washington for work in conjunction with the installation of a domestic water supply system for the City of Yakima. City Manager McMicken explaining that it is proposed to vacate a portion of South Sixth Avenue adjacent to Davis High School and that it is necessary to initiate proceedings and set a date for Hearing, it was MOVED by Brown, seconded by Keith, that Resolution No. D -1312 declaring the intention of the City Council to vacate a portion of South Sixth Avenue and fixing March 17, 1969 as the time of Hearing on said matter, b_e_- passed as read: carried, Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye on roll call. Robinson absent. RESOLUTION NO. D -1312, A RESOLUTION declaring the intention of the City Council of the City of Yakima to vacate a portion of South 6th Avenu4 in the City of Yakima, and initiating proceedings therefor by fixing the time and place for a hearing on such vacation. L. ._ • • . • ' 534 • • • FEBRUARY 17, 1969 City Manager McMicken requestirg-:authorization for•City-Traffic Engineer, Al Ray, to . attend,a Traffic Seminar at Northwestern University at an approximate cost of $800.00, as recommended by Public Works Director John Mayo, it was MOVED by Lambert, seconded by Keith, that said travel be authorized with expenses paid: carried, Brown, Keith, • Kurbitz, Lambert, Larson and McNeice voting aye by voice vote. Robinson absent. . City Manager,McMicken reported that a City Treasurer has been appointed to replace . Gladys Richter., who has retired. He is Mr. Walter Chappel and will begin his duties. as of March 1, .1969. . . Mayor Larson reported that when the Review Board members were appointed to administrate the Fair Housing Ordinance, Mark Marden was appointed, but it has since been learned that he is not a resident of the City of Yakima, and it is recommended that Mr. Clem . Enright be appointed to serve in his place for a term of three years. After due dis- cussion, it was MOVED by McNeice, seconded by Lambert, that Mr. Clem Enright be appoin- ted to serve on the Review Board: carried, Brown, •K th,.Kurbitz,.Lambert,'Larson and McNeice voting aye by voice vote. Robinson absent. • * . . There being no further business to come before the Coucil, it was MOVED by Kurbitz, • seconded by Keith, that we do now adjourn at the hour of 10:00 p.m.: carried Brown, Keith, Kurbitz, Lambert, Larson and McNeice voting aye by voice vote. Robinson absent. • READ AND CERTIFIED-ACCURATE BY 6 -.0 ( C%.--e- • DATE 0% 6/ COU ILMAN • , �iii °iF _ - --± DATE °�. dr C• NCIL v'i ATTEST: j / � • • • ,,7Ze J i C I T Y C L E R K ' M A Y O R . . • I, • . * Inadvertently left out above. Councilman Keithasking.to be excused from the next meeting on February 24, 1969, it was II MOVED by Lambert, seconded by McNeice that Councilman Keith be excused from said meeting: carried, Brown, Kurbitz,.Lambert,•Larson and McNeice voting aye by voice vote. Robinson absent. • • • • ill . . . •