HomeMy WebLinkAboutWashington State Recreation and Conservation Office - Amendment to Project Agreement4 WASHINGTON STATE
Recreation and
ice► Conservation Office
Amendment to Project Agreement
Project Sponsor: Yakima Parks & Recreation
Project Title: Chesterley Park
Amendment Type:
Scope Change
Amendment Description:
Project Number: 75-030A
Amendment Number: 1
The project agreement is amended to approve a partial conversion of 5.59 acres to
non -outdoor recreational uses and the replacement property (Congdon). The RCFB
approved the conversion and replacement under Resolution #2017-26. The replacement
property acquired is legally described in the deed of right recorded in Yakima County,
Auditor File No. 7980954 on May 16, 2018.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
BY:
Kaleen Cottingham
TITLE: Director
DATE:
Pre -approved as to form:
BY: /S/
Assistant Attorney General
LWCF Project Scope Change Amendment
General Fund - Federal
AMENAGR2.RPT
Project Sponsor
TITLE: 6 % flag e
DATE:
CITY CONTRACT NO:
RESOLUTION NO /2/4
9'D/B- 997. -Neo(
RCW 79A.25, WAC 286
---)f--,44 WASHINGTON STATE
Recreation and
Conservation Office
Amendment to Project Agreement
Project Sponsor: Yakima Parks & Recreation Project Number: 98-1123D
Project Title: Chesterley Park Expansion
Amendment Type:
Scope Change
Amendment Description:
Amendment Number: 2
The project agreement is amended to approve a partial conversion of 5.59 acres to
non -outdoor recreational uses and the replacement property (Congdon). The conversion
area included a portion of the landscaping and lawn area funded by this grant. The facilities
developed remain intact in the project area. The RCFB approved the conversion and
replacement under Resolution #2017-26. The replacement property acquired is legally
described in the deed of right recorded in Yakima County, Auditor File No. 7980954 on May
16, 2018.
The remaining 26.4 acres within the project area boundary for Chesterley Park and the
project area boundary of the replacement property (Congdon) are depicted on the
respective LWCF 6(f) boundary maps signed by the sponsor on September 15, 2017, and
by RCO on September 26, 2017.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
BY:
TITLE:
DATE:
BY:
Kaleen Cottingham
Director
Pre -approved as to form:
/S/
Assistant Attorney General
WWRP Project Scope Change Amendment
Outdoor Recreation Account
AMENAGR2.RPT
Project Sponsor
AGENCY:
TITLE:
DATE:
CI -l° manrcq-e-
(r) ie
CITY CONTRACT NO: 6'212/8' 0 97 frnall 2
RESOLUTION NO- /I. (G
RCW 79A.15, WAC 286
PROJECT CONTRACT
Project Title Community Park
he
Project No. I -75-030A
1. Nature of Contract. This instrument, in 8 pages, of which this is the
first, is intended to set out the terms and conditions, not otherwise appearing in
statutes or regulations, of a grant of money from the Outdoor Recreation Account of
the General Fund of the State of Washington to.a state agency or local public body,
herein called the Contracting Party, in aid of an outdoor recreation project. The
state agency administering the grant is the Interagency Committee for Outdoor Recrea-
tion. herein called the Interagency Committee.
2. Assent of Contracting Party. The Contracting Party by the signature of its
authorized representative below agrees to be bound by this instrument:
Approved as to form
This day of
19
Attorney for
Contracting Party
City of Yakima
Contracting Party
BY 42..a.?,
Title Director of Parks and Recreation
Date April 21, 1975
3. Assent of Interagency Committee. The signature of the Administrator of the
Interagency Committee below witnesses that the Interagency Committee agrees to be
bound by this instrument:
Approved as to form
This z -i day of
'Y�?cty ,
SLADE GORTON
Attorney Gen
As art Attorney General
STATE OF WASHINGTON
Interagency Committee for
Outdoor Recreation
Date
Administrator
:AO
4. Project Period. The Contracting Party shall execute and complete the
approved project during the period from December 18 , 1975, until
December 31 , 19 76.
5. Project Assisted. The outdoor recreation project to be assisted is the
one set out in the Contracting Party's application to the Interagency Committee,
dated January 24 1975, as approved for funding by the Interagency
Committee at its meeting on the 26 day of August , 19 75. For
identification purposes it is entitled Community Park
and briefly described as follows:
The acquisition of approximately 31 acres of land in the north central part.of .the
City of Yakima for future development of an outdoor recreation complex. The
City of Yakima agrees to use the existing buildings on the subject parcels
exclusively for outdoor recreation or in direct support there of until such time
that the structures are sold and/or demolished. Any and all funds derived from
the demolition or sale of said structures shall be used towards the development
of outdoor recreation facilities on subject site.
The legal descriptions of the subject parcels are on pages 2a, 2b, and 2c of thi,s
instrument.
Compliance with application: Unless otherwise agreed to in writing by the Admini-
strator, the project shall be carried out according to the plans and proposals
submitted by the contracting party in, or in connection with, its application for
assistance for this project.
6. Funding of Project. (a) The total cost of the project covered by this
Contract is $ 175,900
(b) The Interagency Committee agrees to pay $ 17,590
or 10 percent of the total project cost, whichever amount is less, from
monies available in the Outdoor Recreation Account of the State General Fund.
(c) In addition, the Interagency Committee agrees to recommend to the Bureau
of Outdoor Recreation, United States Department of Interior, that federal matching
funds in the amount of $ 87,950 or 50 percent of the estimated
cost, whichever amount is less, be approved for this project, and the Interagency
Committee agrees to pay to the Contracting Party any federal matching money made
available to the State of Washington for the outdoor recreation project covered by
this Contract.
7. Contingencies. The duty of the Interagency Committee to approve disburse-
ment of funds pursuant to this Contract is contingent upon strict compliance by the
Contracting Party with the terms of this Contract. The duty of the State of
Washington to disburse funds is contingent on the funds, being available in the
Outdoor Recreation Account of the State General Fund.
2
LEGAL DESCRIPTION:
In Section 15, Township 13 North, Range 18 E.W.M.,
The west 100 feet of the east 175 feet of the north 245 feet of
the southwest quarter of the northeast quarter.
EXCEPT Road along north line thereof.
EXCEPTIONS:
1. Right of way for irrigation ditch to be not over two feet
wide, over and across said premises, granted by instrument
Recorded.: December 16, 1905
Volume/Page: 40 of Deeds/21
2. Riglits of way for necessary conduits and facilities for the
distribution of water, and right of entry for repair and
maintenance.
3. Easement and right of way for the purpose of laying, oper-
ating, and maintaining a water pipe or water pipes together
with right of ingress to said pipe lines granted to the
City of Yakima by instrnt of rt!cncrt.
Recorded: May 9, 1967
Auditor's File No. 2129487
2a
LEGAL. DESCRIPTIO'
IN YAKIMA COUNTY, WASHINGTON
A tract of land lying in the southwest quarter of the northeast
quarter of Section 15, Township 13 North, Range 18 E.W.M., des-
cribed as follows:
Beginning at the northeast corner of the
for the purposes thereof is taken at the
road;
thence south along the east line of said
to the southeast corner thereof;
thence north 89°55' west 334.4 feet;
thence north 1301.2 feet;
thence North 89°52' east 334.4 feet
above subdivision, which
center of the county
subdivision, 1302.5 feet
to the point of beginning.
EXCEPT roads.
AND EXCEPT the west 100 feet of the east 175 feet of the north
Y-45 feet thereof.
EXCEPTIONS:
1. Right of way for irrigation ditch to be not over two feet
wide, over and across said premises, granted by instrument,
Recorded: December 1_6, 190,i
Volume: 40 of Deeds
Page: 21
2. Right of way for ditch one foot in width along the south
side of the southwest quarter of the northwest quarter of
said Section 15, granted by instrument,
Recorded: September 23, 1907
Volume/Page: 56 of Deeds/396
Said right of way was given upon the express condition that
in case the second party or his successors in interest fail
to use the same for a period of two years, then the said land
shall revert to and revert in the first parties.
3. Right of way for necessary conduits and facilities for the
distribution of water, and right of entry for repair and
maintenance.
4. Easement and right of way for the purpose of laying, operating
and maintaining a water pipe or water pipes together with
right of ingress to said pipe lines granted to City of Yakima
by instrument.of record.
Recorded: May 9, 1967
Auditor's File No. 2129487
5. Right of way for Drainage District No. 39 constructive notice
of which is given in deed,
Recorded: September 14, 1973
Auditor's File No. 2331135
LEGAL DESCh..rTIONS
IN YAKIMA COUNTY, WASHINGTON
That portion of the southwest quarter of the northeast quarter of
Section 15, Township 13 North, Range 18 E.W.M., lying easterly of
the easterly right of way line of the Pacific Power & Light Company's
Canal.
EXCEPT road along the north line thereof;
EXCEPT the east 334.4 feet thereof;
AND EXCEPT beginning at the intersection of the north line of said
subdriaiiiiin and the easterly right of way of Pacific Power & Light
Company's Canal;
thence east 104 feet;
thence south 195 feet, more or less, to the easterly right of way
line of said Pacific Power & Light Company's Canal;
thence in a general northwesterly direction along the easterly
right of way line of said Pacific Power & Light Company's Canal,
to the point of beginning.
Also including that portion of the southwest quarter of the northeast
quarter of Section 15, Township 13 North, Range 18 E.W.M., lying
southwesterly of Pacific Power & Light Company's Canal and north-
easterly of the Power House Road,
EXCEPT that portion thereof lying within the following described
L:ract:
Beginning at a point on the west line of said subdivision, 237.6
feet south of its northwest corner;
thence south 70°40west 49 feet, mora or less, to a point on the
easterly right of way line of said road, hereinafter referred
to as point "A";
thence north 70°40' east to the westerly right of way line of said
canal, the true point of beginning;
thence southeasterly along said canal right of way line 239 feet;
thence southwesterly 177 feet, more or less, to a point on the
easterly right of way line of said road, situate 234 feet south-
easterly measured along said road right of way from said point
"A";
thence northwesterly along said road right of way line to the south
line of the north half of the north half of said section;
thence east along said line to the westerly right of way line of
said canal;
thence southeasterly along said canal right of way to the true point
of beginning.
EXCEPTIONS:
1. Easement and right of way for the purpose of laying, operating,
and maintaining a water pipe or water pipes together with right
of ingress to said pipe lines granted to City of Yakima by
instrument of record.
Recorded: May 9, 1967
Auditor's No. 2129486
2. Right of way for irrigation ditch to be not over two feet wide,
over and across said premises, granted by instrument,
Recorded: December 16, 1905
Volume/Page: 40 of Deeds/21
3. Right of way for ditch one foot in width along the south side
of the southwest quarter of the northeast quarter of said
Section 15. Granted by instrument,
Reeorded: September 23, 1907
Volume/rage: 56 of Deeds/396
Said right of way was given upon the express condition that in
case the second party or his successors in interest fail to
use the seem for a period of two years, then the said land
shall revert to and revert in the first parties.
4. Rights of way for necessary conduits and facilities for the
distribution of water, and right of entry for repair and main-
tenance.
5. Right of way for Drainage District No. 39 disclosed by Drainage
District No. 39 maps in Yakima County Engineers Office.
8. Requirements of Bureau of Outdoor Recreation. If application has been made
to the Bureau of Outdoor Recreation, United States Department of Interior, for
assistance from the United States Land and Water Conservation Fund (see paragraph
(c) ) then a copy of Attachment 1 to Form BOR 8-92, Land and Water Conservation Fund
Project Agreement, General Provisions, is attached to this contract and marked
"Attachment A". If United States Land and Water Conservation Fund money is made
available for this project, the Interagency Committee will be required to sign an
agreement with the Bureau of Outdoor Recreation and the State of Washington and
the recipient public body will be bound by the attached provisions. Therefore, if
Land and Water Conservation Fund money is involved In this protect, then the Con-
tracting Party agrees to faithfully comply with all the requirements of Attachment A.
9. Project Performance. The Contracting Party shall execute and complete the
approved project in accordance with the time schedule set forth in the project
application. Unless a different schedule appears in the application or in this
contract, the contractor's performance shall commence not later than sixty days
after the date this contract has been signed by the Administrator. Unless otherwise
agreed in writing, the Contracting Party's performance shall be completed by the end
of the period covered by this contract.
10. Project Administration. (a) The Contracting Party shall promptly submit
such reports as the Administrator of the Interagency Committee may request.
(b) Property and facilities acquired or developed pursuant to this contract
shall be available for inspection by the Administrator upon request.
(c) The Contracting Party shall submit a final report when the project is
completed or prematurely terminated, or project assistance is terminated. The
report shall include a final accounting of all expenditures and a description of the
work accomplished. If the project is not completed, the report shall contain an
estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project, if not previously reported. The report shall contain a
final accounting summarizing all expenditures not previously reported and shall
include an overall summary for the entire project.
11. Project Termination. All obligations of the Interagency Committee under
this contract may be suspended or canceled, at the option of the Interagency
Committee, if any of the following has occurred:
(a) The Contracting Party has failed to make satisfactory progress to complete
the project, or will be unable to complete the project, or any portion of it.
(b) The Contracting Party is failing to make satisfactory progress to complete
any other project assisted with funds from the Outdoor Recreation Account of the State
General Fund, or will be unable to complete another such project, or any portion of it.
12. Remedies. Because the benefit to be derived from the full compliance with
the terms of this contract is the preservation, protection, and the net increase in
the quantity and quality of public outdoor recreation facilities and resources which
are available to the people of the state and of the United States, and because such
benefit exceeds to an immeasurable and unascertainable extent the amount of money
furnished under the terms of this contract, the Contracting Party agrees that repay-
ment of an amount equal to the amount of assistance extended under this contract by
3
the State of Washington would be inadequate compensation for any failure to comply
with the terms of this agreement. The Contracting Party agrees, therefore, that in
the event of a breach of this agreement by it, specific performance shall be an
appropriate remedy.
13. Restriction on Conversion of Facility to Other Uses. The Contracting
Party shall not at any time convert any property or facility acquired or developed
pursuant to this contract to uses other than those for which state assistance was
originally approved without the prior approval of the Interagency Committee, in the
manner provided by RCW 43.99.100 for marine recreation land, whether or not the
property was acquired with Initiative 215 funds.
14. Use and Maintenance of Assisted Facility. The Contracting Party shall
operate and maintain, or cause to be operated and maintained, the property or
facilities which are the subject matter of this contract as follows:
(a) The property or facilities shall be maintained so as to appear attractive
and inviting to the public.
(b) Sanitation and sanitary facilities shall be maintained in accordance with
applicable state and local public health standards.
(c) The property or facilities shall be kept reasonably safe for public use.
(d) Buildings, roads, trails, and other structures and improvements shall be
kept in reasonable repair throughout their estimated lifetime, so as to prevent
undue deterioration that would discourage public use.
(e) The facility shall be kept open for public use at reasonable hours and
times of the year, according to the type of area or facility.
(f) The property or facility shall be open for the use of all segments of the
public without restriction because of the race, creed, color, sex, religion, national
origin or residence of the user.
15. Reporting. Once a year, the Contracting Party shall certify to the
Administrator that the project and all assisted facilities are being retained,
operated, maintained and used in accordance with the terms of this contract. A
report and certification will be partially prepared by the Interagency Committee and
will be sent to the Contracting Party for completion. The Contracting Party shall
also report on specific matters whenever requested to do so by the Administrator.
16. No Waiver by Interagency Committee. The Contracting Party agrees that
failure by the Interagency Committee to insist upon the strict performance of any
provision of this project contract or to exercise any right based upon a breach
thereof, or acceptance by it of performance during such breach, shall not constitute
a waiver of any of its rights under this project contract.
17. Identifying Markers. The Interagency Committee reserves the right to dis-
play, during the period covered by this contract and after project completion,
appropriate signs or markers identifying the roles of the state and federal agencies
participating financially in this project.
4
18. Disbursement of Assistance. Disbursement of the grant -In -aid shall be
made in accordance with WAC 286-24-040, after the Contracting Party has furnished
the Administrator such information as he shall deem necessary to show compliance
with applicable statutes and rules and this contract.
19. Provisions Applying Only to Acquisition Projects. The following provisions
shall be in force if the protect covered by this contract is for the acquisition of
outdoor recreation land or facilities, but shall not apply when the project is for
development only:
(a) In the event Federal Land and Water Conservation Funds are included in
this project per Section 6.(c) of this Contract, the Contracting Party agrees to
comply with the terms and intent of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) - Public Law 91-646,
and the applicable regulations and procedures of the Department of the Interior
implementing such act.
(b) In the event state funds only are included in this project per Section 6.(b)
of this contract, the Contracting Party agrees to comply with the terms and intent of
Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington (Chapter 240, Laws of 1971, 1st Ex. Sess. - R.C.W. 8.26.010).
(c) Conditions applying only to Local Agencies -
1. In the event that housing and relocation costs, as contemplated by
federal law (P.L. 91-646) and state law (Chapter 240, Laws of 1971, 1st Ex.
Sess.), are involved in the execution of this project, the Contracting
Party agrees that such costs, excluding administrative costs, will be added
to the cost of the project and shared proportionately by the Interagency
Committee and the Contracting Party;
2. In the event the Interagency Committee must perform any portion or
all the work necessary to comply with the relocation requirements of the
above-cited federal and state law, the Contracting Party agrees to reim-
burse the interagency Committee for the actual administrative costs of
performing such work.
(d) Conditions applying_ only to State Agencies -
In the event t'hat housing and relocation costs, as contemplated by federal
law (P.L. 91-646) and state law (Chapter 240, Laws of 1971, 1st Ex. Sess.), are
involved in the execution of this protect, the Contracting Party agrees to provide
any housing and relocation assistance that may be necessary and will assume the
administrative costs, with the understanding that the actual relocation costs will
be a part of the total project cost.
(e) Evidence of Land Value. Prior to disbursement of the assistance provided
for in this contract, the Contracting Party shall supply evidence establishing to the
satisfaction of the Administrator that the land acquisition cost represents a fair
and reasonable price for the land in question.
(f) Evidence of Title. The Contracting Party shall be responsible for providing
satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this contract. Such evidence may include title
5
insurance policies, Torrens certificates, or abstracts, and attorney's opinions
establishing that the land is free from any impediment, lien, or claim which would
impair the uses contemplated by this contract.
(g) Deed of Right To Use Land For Public Recreation Pur oses. The Contracting
Party agrees to execute an instrument or instruments which contain,. (1) a legal des-
cription of the property acquired under this Protect Contract; (2) a conveyance to the
State of Washington of the right to use as described real property forever for outdoor
recreation purposes, and (3) a restriction on conversion of use of the land in the
manner provided in RCW 43.99.100, whether or not the real property covered by the
deed is marine recreation land. RCW 43.99.100 reads as follows:
"Marine recreation land with respect to which money has been expended under
RCW 43.99.080 shall not, without the approval of the committee, be converted
to uses other than those for which such expenditure was originally approved.
The committee shall only approve any such conversion upon conditions which
will assure the substitution of other marine recreation land of at least
equal fair market value at the time of conversion and of as nearly as feasible
equivalent usefulness and location."
20. Provisions Applying Only to Development Projects. The following provisions
shall be in force if the project covered by this contract is for development of out-
door recreation land or facilities, but shall not apply when the project is for
acquisition only:
(a) Compliance with the Law. The Contracting Party shall comply with all laws
and regulations applicable to the development project and to contracts for work done
to carry it out.
(b) Compliance with Application. Unless otherwise agreed to in writing by the
Administrator, the project shall be carried out according to the plans and proposals
submitted by the Contracting Party in, or in connection with, its application for
assistance for the project.
(c) installment Payments. Assistance provided by this contract for development
may be remitted to the Contracting Party in installments, after receipt of billings,
and upon satisfactory proof of completion of each stage of construction or develop-
ment. Determination of appropriate stages for installment payments shall be made by
the Administrator, after consultation with the Contracting Party and with the approval
of the Bureau of Outdoor Recreation, if United States Land and Water Conservation
Funds are involved. Installment payments shall in no event be made more frequently
than monthly. An amount equal to 10% of the funding assistance provided the Con-
tracting Party by this contract for eligible development costs may be withheld until
final inspection and certification of project completion is made by the Interagency
Committee and approved by the Bureau of Outdoor Recreation.
(d) Contracts for Construction. Contracts for construction shall be awarded
through a process of competitive bidding if required by state law. Copies of all
bids and contracts awarded shall be retained for inspection by the Administrator upon
request. Where all bids are substantially in excess of project estimates, the
Administrator may, by notice in writing, suspend the project and refer the matter
to the Interagency Committee for determination of appropriate action, which may
include termination of assistance for development of the project.
6
(e) Change Orders. Any change orders shall be in writing and shall be made a
part of the project file and kept available for inspection or audit upon request.
(f) Nondiscrimination Clauses. Except where a non-discrimination clause
required by the United States is used, the Contracting Party shall insert the
following nondiscrimination clause in each contract for construction of this
project:
"During the performance of this contract, the Contractor agrees as follows:
(1)
The Contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
creed, color, sex, or national origin.
The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the said labor union or workers' representative of the Contrac-
tor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(4) The Contractor will include the provisions of the foregoing paragraphs in
every sub -contract exceeding $5,000, so that such provisions will be binding
upon each such subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as the Interagency
Committee may direct as a means of enforcing such provisions, including
sanctions for noncompliance; Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the State of Washington to enter into
such litigation to protect its interests."
21. Notices: All notices, demands, requests, consents, approvals, and other
communications which may or are required to be given by either party to the other
under this agreement shall be in writing and shall be deemed to have been sufficiently
given for all purposes when delivered or mailed by first class postage or certified
mail, postage prepaid, addressed as follows:
(3)
(a) Notice to the State
7
To: Interagency Committee for Outdoor Recreation
4800 Capitol Boulevard
Tumwater, Washington 98504
or at such address as the Interagency Committee shall have furnished to the
Contracting Party in writing.
(b) Notice to the Contracting Party
To William H. Hutsinpiller , who serves in
the capacity of Director of Parks & Recreation for the Contracting Party,
and who has been designated as the Contracting Party's liaison officer for the
purposes of this agreement, or to such other officer or address as the Contracting
Party shall have furnished to the Administrator in writing.
22. Additional Provisions, or modifications of Standard Provisions
8
03,0
DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES
The Grantor, City of Yakima, Wasbington, a municipal corpora-
tion, for and in consideration of monies coming in whole or in
part from the Outdoor Recreation Account of the General Fund of
the State of Washington and in fulfillment of terms of the Project
Contract identified below, conveys and grants to the State of
Washington individually and as the representative of all the people
of the state, the right to use the real property described below
forever for the Outdoor recreation purposes described in the Project
Contract entered into between the Grantor and the State of Washington
through the Interagency Committee for Outdoor Recreation entitled
Community Park Project Number 1-75-030A signed by the Grantor on
the 4th day of April, 1975, and by the Interagency Committee on
the 2nd day of February, 1976, and the application and supporting•
materials which are on file with the Grantor and the state in con-
nection with the Project Contract.
The Grantor will not make or permit to be made any use of
the real property described in this deed, or any part of it, which
is inconsistent with the right to use for public outdoor recreation
herein granted unless the state, through the Interagency Committee
for Outdoor Recreation or its successors, consents to the incon-
sistent use, which consent shall be granted only upon conditions
which will ensure that other outdoor recreation land of at least
equal fair market value at the time of change of use and of as nearly
as feasible equivalent usefulness and location for the public
recreation purposes for which state assistance was originally
granted will be substituted in the manner provided in RCW 43.99.100
for marine recreation lana, whether or not the real property covered
by this deed is marine recreation land.
onn
RCW 43.99.000 reads as follows:
"Marine recreation land with respect to which has been
expended under RCW 43.99.100 shall not, without the
approval of the committee, be converted to uses other than
those for which such expenditure was originally approved.
The committee shall only approve any such conversion upon
conditions which will assure the substitution of other
marine recreation land of at least equal fair market value
at the time of conversion and of as nearly equivalent use-
fulness and location."
Grantor has caused a copy of the application and the Project
Contract (executed copy) to be placed in its official records
as "Parks and Recreation --Community Park", and has also caused
all related documents to be cross referenced thereto.
The real property covered by this deed is situate in Yakima
County, State of Washington, and is legally described as follows:
Parcel 1: The West 100 feet of the East 175 feet of the
North 245 feet of the Southwest quarter of the
Northeast quarter of Section 15, Township 13
North, Range 18, E.W.M., EXCEPT road along the
North side thereof, situated in Yakima County,
State of Washington; together with water rights
appurtenant thereto;
Subject to: rights of way and easements for
'ditches, drains, pipe lines and other servitudes
over and across said premises, if in fact any
portion thereof is burdened thereby; and subject
to rights of way for irrigation ditch as set
forth in instrument recorded in Volume 40 of
Deeds, page 21, records of Yakima County,
Washington;
Parcel 2: A tract of land lying in the Southwest quarter
of the Northeast quarter of Section 15, Township
13 North, Range 18, E.W.M., described as follows:
Beginning at the Northeast corner of the above
subdivision which, for the purposes thereof, is
taken at the center of the County Road; thence
South along the East line of said subdivision,
1302.5 feet to the Southeast corner thereof;
thence North 89°55' West 334.4 feet; thence
North 1301.2 feet; thence North 89°52' East
334.4 feet to the point of beginning,
EXCEPT the West 100 feet of the East 175 feet
of the North 245 feet thereof, and
EXCEPT roads, TOGETHER WITH all rights, including
water appurtenant thereto, SUBJECT TO easements,
reservations, rights of way and restrictions in
the chain of title, of record or affecting said
premises;
-2-
!vni Dor laq
Parcel 3: That portion of the southwest quarter of the
northeast quarter of Section 15, Township 13
North, Range 18, E.W.M., lying easterly of the
easterly right of way line of the Pacific Power &
Light Company's Canal;
EXCEPT road along the north line thereof;
EXCEPT the east 334.4 feet thereof;
AND EXCEPT beginning at the intersection of the
north line of said subdivision and the easterly
right of way of Pacific Power & Light Company's
Canal;
thence east 104 feet;
thence south 195 feet, more or less, to the
easterly right of way line of said Pacific
Power & Light Company's Canal; thence in a general
northwesterly direction along the easterly right
of way line of said Pacific Power & Light Com-
pany's Canal, to the point of beginning.
Also including that portion of the southwest
quarter of the northeast quarter of Section 15,
Township 13 North, Range 18, E.W.M., lying south-
westerly of Pacific Power & Light Company's Canal
and northeasterly of the Power House Road,
EXCEPT that portion thereof lying within the
following described tract:
.Beginning at a point on the west line of said
subdivision, 237.6 feet south of its northwest
corner;
thence south 70°40' west 49 feet, more or less,
to a point on the easterly right of way line of
said road, hereinafter referred to as point "A";
thence north 70°40' east to the westerly right
of way line of said canal, the true point of
beginning;
thence southeasterly along said canal right of
way line 239 feet;
thence southwesterly 177 feet, more or less, to
a point on the easterly right of way line of said
road, situate 234 feet southeasterly measured
along said road right of way from said point "A".
This deed shall in no way modify or extinguish the functions
of the Grantor under the Project Contract, including the Grantor's
functions to operate and maintain land as set out in paragraph 14
of the Project Contract.
STATE OF WASHINGTON )
: ss.
COUNTY 0 F YAKIMA )
THIS IS TO CERTIFY that on this day of 4.471/411, 1976,
before me the undersigned Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
CRAIG McMICKEN and IRIS LITZENBERGER, to me known to be the
City Manager and the City Clerk, 'respectively, of the City of
Yakima, the municipal corporation that executed the foregoing
deed and acknowledged to me that they signed and sealed the same
as the free and voluntary act and deed of said municipal corpora-
tion and on oath stated that they were authorized to execute
said instrument and that the seal affixed is the seal of said
municipal corporation.
WITNESS my hand and official seal the day and year in this
certificate above written.
Ceilitioci to be e. fru:. :rd cc roc: copy of the
original filed in my \
CM( CLERK
y. Deputy
Not ry Publicin/and for the State
of Washington, tsiding at Yakima.
A,NRA'A COUOI,
- WASH
-4-
miELD
*AUDIT°
tvoL990-iAcE 351
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Outdoor Recreation
Land and Water Conservation Fond Project Agreement
State
Washington
Project Number 53-00322
Project Title
10,40.W.1111104•Rves
Community Park
Project Period
December 18, 1975- 1 to December 31, 1977
Scope (Description of Project)
Acquisition of approximately 30.8 acres in the north central part of the
City of Yakima for future development of.an outdoor recreation complex.
Project Stage Covered by this Agreement
Project Cost
Total Cost
Fund Support
Fund Amount
Cost of this
Stage
Assistance this
Stage
80P 8-92
(ew. April 1974)
$ 175.500
50 %
$ 87,950
$ 175,900
$ 87,950
The -following attachments are hereby
incorporated into this agreement:.
1. General Provisions
2, Project Proposal
3,
4.
The United States of America, represented by the Director, Bureau of Outdoor
Recreation, United States Department of the Interior, and the State named
above (hereinafter referred to as the State), mutually agree to perform this
agreement in accordance with the Land and Water Conservation Fund Act of 1965,
78 Stat. 897 (1964), and with the terms, promises, conditions, plans,
specifications, estimates, procedures, project proposals, maps, and assurances
attached hereto and hereby made a part hereof.
The United States hereby promises, in consideration of the promises made by
the State herein, to obligate to the State the amount of money referred to
above, and to tender to the State that portion of the obligation which is ' -
required to pay the United States!' share of the costs of the above project
stage, based upon the above percentage of assistance. The State hereby
promises, in consideration of the promises made by the United States herein,
to execute the project described above in accordance with the terms of this
agreement.
The following special project terms and conditions were added to this
agreement before it was signed by the parties hereto:
This agreement is not subject to.the provisions of Section B.2 (d) of
the attached General Provisions, dated December 1965.
"The State agrees to comply with the terms and intent of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970', 84 Stat. 1894
(1970)", and the applicable regulations and procedures of the Department of
the Interior implementing such act.
In witness whereof, the parties hereto have executed this agreement as of
the date entered below.
THE UNITED STATES 9F AMERICA
L
(Signature)
7
kTitle)
Bureau of Outdoor Recreation
United States Department of
the Interior
Date r-1
( /
STATE
Washington
Stanley E. Francis
(Name)
Administrator
(Title)
I#ITI 4 9 04 ..75
Project Title
PROJECT CONTRACT
ommunity Park
he
Project No. I -75-030A
1. Nature of Contract. This instrument, in 8 pages, of which this is the
first, is intended to set out the terms and conditions, not otherwise appearing in
statutes or regulations, of a grant of money from the Outdoor Recreation Account of
the General Fund of the State of Washington to.a state agency or local public body,
herein called the Contracting Party, in aid of an outdoor recreation project. The
state agency administering the grant is the Interagency Committee for Outdoor Recrea-
tion, herein called the Interagency Committee.
2. Assent of Contracting Party. The Contracting Party by the signature of its
authorized representative below agrees to be bound by this instrument:
Approved as to form
This day of
19
Attorney for
Contracting Party
City of Yakima
Contracting Party
Title Director of Parks and Recreation
Date April 21, 1975
3. Assent of Interagency Committee. The signature of the Administrator of the
Interagency Committee below witnesses that the Interagency Committee agrees to be
bound by this instrument:
Approved as to form
This z day of
SLADE GORTON
Attorney Gen
As °cant" Attorney/ Genera
STATE OF WASHINGTON
Interagency Committee for
Outdoor Recreation
)27,d&-/li
Administrator
Date ef.a, /J 1971
.1(
, 4. Project Period. The Contracting Party shall execute and complete the
approved project during the period from December 18 , 1975, until
December 31 , 19 76.
5. Project Assisted. The outdoor recreation project to be assisted is the
one set out in the Contracting Party's application to the Interagency Committee,
dated January 24 , 1975, as approved for funding by the Interagency
Committee at its meeting on the ---.26 day of August , 19 75. For
identification purposes it is entitled Community. Park
and briefly described as follows:
The acquisition of approximately 31 acres of land in the north central part of .the
City of Yakima for future development of an outdoor recreation complex. The
City of Yakima agrees to use the existing buildings on the subject parcels
exclusively for outdoor recreation or in direct support there of until such time
that the structures are sold and/or demolished. Any and all funds derived from
the demolition or sale of said structures shall be used towards the development
of outdoor recreation facilities on subject site.
The legal descriptions of the subject parcels are on pages 2a, 2b, and 2c of this
instrument.
Compliance with application: Unless otherwise agreed to in writing by the Admini-
strator, the project shall be carried out according to the plans and proposals
submitted by the contracting party in, or in connection with, its application for
assistance for this project.
6. Funding of Project. (a) The total cost of the project covered by this
Contract is $ 175,900
(b) The Interagency Committee agrees to pay $ 17,590
or 10 percent of the total project cost, whichever amount is less, from
monies available in the Outdoor Recreation Account of the State General Fund.
(c) In addition, the Interagency Committee agrees to recommend to the Bureau
of Outdoor Recreation, United States Department of Interior, that federal matching
funds in the amount of $ 87,950 or 50 percent of the estimated
cost, whichever amount is less, be approved for this project, and the Interagency
Committee agrees to pay to the Contracting Party any federal matching money made
available to the State of Washington for the outdoor recreation project covered by
this Contract.
7. Contin9encies. The duty of the Interagency Committee to approve disburse-
ment of funds pursuant to this Contract is contingent upon strict compliance by the
Contracting Party with the terms of this Contract. The duty of the State of
Washington to disburse funds is contingent on the funds, being available in the
Outdoor Recreation Account of the State General Fund.
2
LEGAL DESCRIPTION:
In Section 15, Township 13 North, Range 18 E.W.M.,
The west 100 feet of the east 175 feet of the north 245 feet of
the southwest quarter of the northeast quarter.
EXCEPT Road along north line thereof.
EXCEPTIONS:
1. Right of way for irrigation ditch to be not over two feet
wide, over and across said premises, granted by instrument
Recorded.: December 16, 1905
Volume/Page: 40 of Deeds/21
2. Rights of way for necessary conduits and facilities for the
distribution of water, and right of entry for repair and
maintenance.
3. Easement and right of way for the purpose of laying, oper-
ating, and maintaining a water pipe or water pipes together
with right of ingress to said pipe lines granted to the
City of Yakima by instri:meat oF r:!cc crt .
Recorded: May 9, 1967
Auditor's File No. 2129487
2a
LEGAL DESCRIPTIO"
IN YAKIMA COUNTY, WASHINGTON
A tract of land lying in the southwest quarter of the northeast
quarter of Section 15, Township 13 North, Range 18 E.W.M., des-
cribed as follows:
Beginning at the northeast corner of the above subdivision, which
for the purposes thereof is taken at the center of the county
road;
thence south along the east line of said subdivision, 1302.5 feet
to the southeast corner thereof;
thence north 89°55' west 334.4 feet;
thence north 1301.2 feet;
thence North 89°52' east 334.4 feet to the point of beginning.
EXCEPT roads.
AND EXCEPT the west 100 feet of the east 175 feet of the north
2 feet thereof.
EXCEPTIONS:
1. Right of way for irrigation ditch to be not over two feet
wide, over and across said premises, granted by instrument,
Recorded: December 1_6, 1tP
Volume: 40 of Deeds
Page: 21
2. Right of way for ditch one foot in width along th.e south
side of the southwest quarter of the northwest quarter of
said Section 15, granted by instrument,
Recorded: September 23, 1907
Volume/Page: 56 of Deeds/396
Said right of way was given upon the express condition that
in case the second party or his successors in interest fail
to use the same for a period of two years, then the said land
shall revert to and revest in the first parties.
3. Right of way for necessary conduits and facilities for the
distribution of water, and right of entry for repair and
maintenance.
4. Easement and right of way for the purpose of laying, operating
and maintaining a water pipe or water pipes together with
right of ingress to said pipe lines granted to City of Yakima
by instrument of record.
Recorded: May 9, 1967
Auditor's File No. 2129487
5. Right of way for Drainage District No. 39 constructive notice
of which is given in deed,
Recorded: September 14, 1973
Auditor's File No. 2331135
2b
UNITED STATES -State WASHINGTON
DEPARTMENT OF THE INTERIOR
Bureau of Outdoor Recreation Project Amendment No. 53-00322.1
AMENDMENT TO PROJECT AGREEMENT
S AMENDMENT TO Project Agreement No. 53-00322 is hereby made and agreed
upon by the United States of America, acting through the Director of the
Bureau of Outdoor Recreation and by the State of Washington pursuant
to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 1964).
The State and the United States, in mutual consideration of the promises made,
herein and in the agreement of which this is an amendment, do promise as
follows:
That the above-mentioned agreement is amended by adding the following:
This agreement includes the use of indirect cost rates as approved by the
Office of Survey and Review, Depai-tment of Interior.
The total cost and the cost of this stage ere increased from $175,900.00
to $177,659.00.
The fund support and assistance this stage are increased from $87,950.00
to $ 88,829.50.
In all other respects the agreement of which this is an.amendment, and the
plans and specifications relevant thereto, shall remain in full force and.
effect. In witness whereof the parties hereto have executed this amendment
as of the date entered below.
THE UNITED STATES OF AMERICA
By
(Signature)
ri-L:r. • .
(Title)
Bureau of Outdoor Recreation
United States Department of
the Interior
OCTe 1916
Date Administrator
STATE
WASHINGTON
STANLEY E. FRANCIS
(Name)
BOR 8 - 9 2 a
(Rev. Mar.1967)
(Title)
LEGAL DESCh,rTXONS
IN YAKIMA COUNTY, WASHINGTON
That portion of the southwest quarter of the northeast quarter of
Section 15, Township 13 North, Range 18 E.W.M., lying easterly of
the easterly right of way line of the Pacific Power & Light Company's
Canal.
EXCEPT road along the north line thereof;
EXCEPT the east 334.4 feet thereof;
AND EXCEPT beginning at the intersection of the north line of said
`s5Sdivinion and the easterly right of way of Pacific Power & Light
Company's Canal;
thence east 104 feet;
thence south 195 feet, more or less, to the easterly right of way
line of said Pacific Power & Light Company's Canal;
thence in a general northwesterly direction along the easterly
right of way line of said Pacific Power S Light Company's Canal,
to the point of beginning.
Also including that portion of the southwest quarter of the northeast
quarter of Section 15, Township. 13 North, Range 18 E.W.M., lying
southwesterly of Pacific Power & Light Company's Canal and north-
easterly of the Power House Road,
EXCEPT that portion thereof lying within the following described
:r1Ct:
Beginning at a point on the west line of said subdivision, 237.6
feet south of its northwest corner;
thence south 70°40' west 49 feet, more or leas, to a point on the
easterly right of way line of said road, hereinafter referred
to as point "A";
thence north 70°40' east to the westerly right of way line of said
canal, the true point of beginning;
thence southeasterly along said canal right of way line 239 feet;
thence southwesterly 177 feet, more or less, to a point on the
easterly right of way line of said road, situate 234 feet south-
easterly measured along said road right of way from said point
"Awa
thence northwesterly along said road right of way line to the south
line of the north half of the north half of said section;
thence east along said line to the westerly right of way line of
said canal;
thence southeasterly along said canal right of way to the true point
of beginning.
EXCEPTIONS:
1. Easement and right of way for the purpose of laying, operating,
and maintaining a water pipe or water pipes together with right
of ingress to said pipe lines granted to City of Yakima by
instrument of record.
Recorded: May 9, 1967
Auditor's No. 2129486
2. Right of way for irrigation ditch to be not over two feet wide,
over and across said premises, granted by instrument,
Recorded: December 16, 1905
Volume/Page: 40 of Deeds/21
3. Right of way for ditch one foot in width along the south side
of the southwest quarter of the northeast quarter of said
Section 15. Granted by instrument,
Recorded: September 23, 1907
Volume/Page: 56 of Deeds/396
Said right of way was given upon the express condition that in
case the second party or his successors in interest fail to
use the same for a period of two years, than the said land
shall revert to and revert in the first parties.
4. Rights of way for necessaryconduits and facilities for the
distribution of water, and right of entry for repair and main-
tenance.
5. Right of way for Drainage District No. 39 disclosed by Drainage
District No. 39 maps in Yakima County Engineers Office.
8. Re uirements of Bureau of Outdoor Recreation. If application has been made
to the Bureau of Outdoor Recreation, United States Department of Interior, for
assistance from the United States Land and Water Conservation Fund (see paragraph
(c) ) then a copy of Attachment 1 to Form BOR 8-92, Land and Water Conservation Fund
Project Agreement, General Provisions, is attached to this contract and marked
"Attachment A". If United States Land and Water Conservation Fund money is made
available for this project, the Interagency Committee will be required to sign an
agreement with the Bureau of Outdoor Recreation and the State of Washington and
the recipient public body will be bound by the attached provisions. Therefore, if
Land and Water Conservation Fund money is involved in this project, then the Con-
tracting Party agrees to faithfully comply with all the requirements of Attachment A.
9. Project Performance. The Contracting Party shall execute and complete the
approved project in accordance with the time schedule set forth in the project
application. Unless a different schedule appears in the application or in this
contract, the contractor's performance shall commence not later than sixty days
after the date this contract has been signed by the Administrator. Unless otherwise
agreed in writing, the Contracting Party's performance shall be completed by the end
of the period covered by this contract.
10. Project Administration. (a) The Contracting Party shall promptly submit
such reports as the Administrator of the Interagency Committee may request.
(b) Property and facilities acquired or developed pursuant to this contract
shall be available for inspection by the Administrator upon request.
(c) The Contracting Party shall submit a final report when the project is
completed or prematurely terminated, or project assistance is terminated. The
report shall include a final accounting of all expenditures and a description of the
work accomplished. if the project is not completed, the report shall contain an
estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project, if not previously reported. The report shall contain a
final accounting summarizing all expenditures not previously reported and shall
include an overall summary for the entire project.
11. Project Termination. Ali obligations of the Interagency Committee under
this contract may be suspended or canceled, at the option of the Interagency
Committee, if any of the following has occurred:
(a) The Contracting Party has failed to make satisfactory progress to complete
the project, or will be unable to complete the project, or any portion of it.
(b) The Contracting Party is failing to make satisfactory progress to complete
any other project assisted with funds from the Outdoor Recreation Account of the State
General Fund, or will be unable to complete another such project, or any portion of it.
12, Remedies. Because the benefit to be derived from the full compliance with
the terms of this contract is the preservation, protection, and the net increase in
the quantity and quality of public outdoor recreation facilities and resources which
are available to the people of the state and of the United States, and because such
benefit exceeds to an immeasurable and unascertainable extent the amount of money
furnished under the terms of this contract, the Contracting Party agrees that repay-
ment of an amount equal to the amount of assistance extended under this contract by
3
the State of Washington would be inadequate compensation for any failure to comply
with the terms of this agreement. The Contracting Party agrees, therefore, that in
the event of a breach of this agreement by it, specific performance shall be an
appropriate remedy.
13. Restriction on Conversion of Facility to Other Uses. The Contracting
Party shall not at any time convert any property or facility acquired or developed
pursuant to this contract to uses other than those for which state assistance was
originally approved without the prior approval of the Interagency Committee, in the
manner provided by RCW 43.99.100 for marine recreation land, whether or not the
property was acquired with Initiative 215 funds.
14. Use and Maintenance of Assisted Facility. The Contracting Party shall
operate and maintain, or cause to be operated and maintained, the property or
facilities which are the subject matter of this contract as follows:
(a) The property or facilities shall be maintained so as to appear attractive
and inviting to the public.
(b) Sanitation and sanitary facilities shall be maintained in accordance with
applicable state and local public health standards.
(c) The property or facilities shall be kept reasonably safe for public use.
(d) Buildings, roads, trails, and other structures and improvements shall be
kept in reasonable repair throughout their estimated lifetime, so as to prevent
undue deterioration that would discourage public use.
(e) The facility shall be kept open for public use at reasonable hours and
times of the year, according to the type of area or facility.
(f) The property or facility shall be open for the use of all segments of the
public without restriction because of the race, creed, color, sex, religion, national
origin or residence of the user.
15. Reporting. Once a year, the Contracting Party shall certify to the
Administrator that the project and all assisted facilities are being retained,
operated, maintained and used in accordance with the terms of this contract. A
report and certification will be partially prepared by the Interagency Committee and
will be sent to the Contracting Party for completion. The Contracting Party shall
also report on specific matters whenever requested to do so by the Administrator.
16. No Waiver by Interagency Committee. The Contracting Party agrees that
failure by the Interagency Committee to insist upon the strict performance of any
provision of this project contract or to exercise any right based upon a breach
thereof, or acceptance by it of performance during such breach, shall not constitute
a waiver of any of its rights under this project contract.
17. Identifying Markers. The Interagency Committee reserves the right to dis-
play, during the period covered by this contract and after project completion,
appropriate signs or markers identifying the roles of the state and federal agencies
participating financially in this project.
4
18. Disbursement of Assistance. Disbursement of the grant-in-aid shall be
made in accordance with WAC 2 -2 —040, after the Contracting Party has furnished
the Administrator such information as he shall deem necessary to show compliance
with applicable statutes and rules and this contract.
19. Provisions Applying Only to Acquisition Projects. The following provisions
shall be in force if the project covered by this contract is for the acquisition of
outdoor recreation land or facilities, but shall not apply when the project is for
development only:
(a) In the event Federal Land and Water Conservation Funds are included in
this project per Section 6.(c) of this Contract, the Contracting Party agrees to
comply with the terms and intent of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) - Public Law 91-646,
and the applicable regulations and procedures of the Department of the Interior
implementing such act.
(b) In the event state funds only are included in this project per Section 6.(b)
of this contract, the Contracting Party agrees to comply with the terms and intent of
Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington (Chapter 240, Laws of 1971, lst Ex. Sess. - R.C.W. 8.26.010).
(c)
Conditions applying only to Local Agencies -
1. In the event that housing and relocation costs, as contemplated by
federal law (P.L. 91-646) and state law (Chapter 240, Laws of 1971, lst Ex.
Sess.), are involved in the execution of this project, the Contracting
Party agrees that such costs, excluding administrative costs, will be added
to the cost of the project and shared proportionately by the Interagency
Committee and the Contracting Party;
2. In the event the Interagency Committee must perform any portion or
all the work necessary to comply with the relocation requirements of the
above-cited federal and state law, the Contracting Party agrees to reim-
burse the Interagency Committee for the actual administrative costs of
performina. such work.
(d) Conditions applying only to State Agencies -
In the event that housing and relocation costs, as contemplated by federal
law (P.L. 91-646) and state law (Chapter 240, Laws of 1971, 1st Ex. Sess.), are
involved in the execution of this project, the Contracting Party agrees to provide
any housing and relocation assistance that may be necessary and will assume the
administrative costs, with the understanding that the actual relocation costs will
be a part of the total project cost.
(e) Evidence of Land Value. Prior to disbursement of the assistance provided
for in this contract, the Contracting Party shall supply evidence establishing to the
satisfaction of the Administrator that the land acquisition cost represents a fair
and reasonable price for the land in question.
(f) Evidence of Title. The Contracting Party shall be responsible for providing
satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this contract. Such evidence may include title
5
insurance policies, Torrens certificates, or abstracts, and attorney's opinions
establishing that the land is free from any impediment, lien, or claim which would
impair the uses contemplated by this contract.
(g) Deed of Right To Use Land For Public Recreation Purposes. The Contracting
Party agrees to execute an instrument or instruments which contain,. (1) a legal des-
cription of the property acquired under this Project Contract; (2) a conveyance to the
State of Washington of the right to use as described real property forever for outdoor
recreation purposes, and (3) a restriction on conversion of use of the land in the
manner provided in RCW 43.99.100, whether or not the real property covered by the
deed is marine recreation land. RCW 43.99.100 reads as follows:
"Marine recreation land with respect to which money has been expended under
RCW 43.99.080 shall not, without the approval of the committee, be converted
to uses other than those for which such expenditure was originally approved.
The committee shall only approve any such conversion upon conditions which
will assure the substitution of other marine recreation land of at least
equal fair market value at the time of conversion and of as nearly as feasible
equivalent usefulness and location."
20. Provisions Applying Only to Development Projects. The following provisions
shall be in force if the project covered by this contract is for development of out-
door recreation land or facilities, but shall not apply when the project is for
acquisition only:
(a) Compliance with the Law. The Contracting Party shall comply with all laws
and regulations applicable to the development project and to contracts for work done
to carry it out.
(b) Compliance with Application. Unless otherwise agreed to in writing by the
Administrator, the project shall be carried out according to the plans and proposals
submitted by the Contracting Party in, or in connection with, its application for
assistance for the project.
(c) Installment Payments. Assistance provided by this contract for development
may be remitted to the Contracting Party in installments, after receipt of billings,
and upon satisfactory proof of completion of each stage of construction or develop-
ment. Determination of appropriate stages for installment payments shall be made by
the Administrator, after consultation with the Contracting Party and with the approval
of the Bureau of Outdoor Recreation, if United States Land and Water Conservation
Funds are involved. Installment payments shall in no event be made more frequently
than monthly. An amount equal to 10% of the funding assistance provided the Con-
tracting Party by this contract for eligible development costs may be withheld until
final inspection and certification of project completion is made by the Interagency
Committee and approved by the Bureau of Outdoor Recreation.
(d) Contracts for Construction. Contracts for construction shall be awarded
through a process of competitive bidding if required by state law. Copies of all
bids and contracts awarded shall be retained for inspection by the Administrator upon
request. Where all bids are substantially in excess of project estimates, the
Administrator may, by notice in writing, suspend the project and refer the matter
to the Interagency Committee for determination of appropriate action, which may
include termination of assistance for development of the project.
6
(e) Change Orders. Any change orders shall be in writing and shall be made a
part of the project file and kept available for inspection or audit upon request.
(f) Nondiscrimination Clauses. Except where a non-discrimination clause
required by the United States is used, the Contracting Party shall insert the
following nondiscrimination clause in each contract for construction of this
project:
"During the performance of this contract, the Contractor agrees as follows:
(1)
The Contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
creed, color, sex, or national origin.
The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the said labor union or workers' representative of the Contrac-
tor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(4) The Contractor will include the provisions of the foregoing paragraphs in
every sub -contract exceeding $5,000, so that such provisions will be binding
upon each such subcontractor or vendor. The Contractor will take such
action with respect to any subcontract or purchase order as the Interagency
Committee may direct as a means of enforcing such provisions, including
sanctions for noncompliance; Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting
agency, the Contractor may request the State of Washington to enter into
such litigation to protect its interests."
(3)
21. Notices: All notices, demands, requests, consents, approvals, and other
communications which may or are required to be given by either party to the other
under this agreement shall be in writing and shall be deemed to have been sufficiently
given for all purposes when delivered or mailed by first class postage or certified
mail, postage prepaid, addressed as follows:
(a) Notice to the State
7
To: Interagency Committee for Outdoor Recreation
4800 Capitol Boulevard
Tumwater, Washington 98504
or at such address as the Interagency Committee shall have furnished to the
Contracting Party in writing.
(b) Notice to the Contracting Party
To William H. Hutsinpiller , who serves in
the capacity of Director of Parks & Recreation for the Contracting Party,
and who has been designated as the Contracting Party's liaison officer for the
purposes of this agreement, or to such other officer or address as the Contracting
Party shall have furnished to the Administrator in writing.
22. Additional Provisions, or modifications of Standard Provisions
8
RESOLUTION NO. R-97- 95
A RESOLUTION: Authorizing the execution and filing of a funding assistance application for an outdoor
recreation or habitat conservation project to the Interagency Committee for Outdoor
Recreation as provided in Chapter 43.98A RCW, Washington Wildlife and Recreation
Program for the purpose of developing Chesterley Park.
WHEREAS, the City Council of the City of Yakima has approved a "Comprehensive Park and
Recreation Plan" for the urban area which identifies a community park at 40th Avenue and River Road
("Chesterley Park"); and
WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and
federal funding assistance has been authorized and made available to aid in financing the cost of land for parks
and habitat conservation areas and the construction of outdoor recreational facilities of local public bodies; and
WHEREAS, the City Council of the City of Yakima considers it in the best public interest to develop
Chesterley Park located at 40th Avenue and River Road in northwest Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. That the City Manager of the City of Yakima is hereby authorized to execute and file an
application with the Interagency Committee for Outdoor Recreation for funding assistance
provided by the Washington Wildlife and Recreation Program; and
2. That any fund assistance received be used for the development of the Chesterley Park Soccer
Complex; and
3. That the City of Yakima anticipates its share of project funding will be derived from the Parks and
Recreation Capital Fund, the Yakima Youth Soccer Association, and the Greater Yakima Adult
Soccer Association; and
4. The City of Yakima acknowledges that they must support all non-cash commitments to the local
share should they not materialize; and
5. That this resolution becomes part of the formal application to IAC; and
6. That the'City of Yakima provided appropriate opportunity for public comment on this application
through its comprehensive planning process and public meetings of its Parks Commission.
ADOPTED BY THE CITY COUNCIL, 129 No. 2nd Street, Yakima, WA 98901, at its regular
meeting this Isr day of au_ , 1997.
B
4111)ATTEST:
3CHANAN, MAYOR
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of July 1, 1997
ITEM TITLE: Interagency Committee for Outdoor Recreation (IAC) Resolution
SUBMITTED BY: Jerry Copeland, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 576-6416
SUMMARY EXPLANATION:
The City of Yakima Parks and Recreation Division has applied to the Interagency Committee
for Outdoor Recreation (IAC) for a development grant to develop the two remaining soccer
fields at Chesterley Park.
This Resolution verifies our intent to apply for this grant and receive funding assistance from
IAC.
Funding Source P- k * Recreation Bu
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: To approve the attached Resolution.
, BOARD/COMMISSION RECOMMENDATION:
• COUNCIL ACTION:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATE I NT
Item No.
For Meeting of
ITEM TITLE: Interagency Committee for Outdoor Recreation (
SUBMITTED BY: Chris Waarvick, Acting Director of Public Wo
Denise Nichols, Parks and Recreation Manager
June 23, 1998
CONTACT PERSON/TELEPHONE: Denise Nichols, 576-6416
solution
SUMMARY EXPLANATION:
Staff respectfully requests City Council to approve the attached resolution approving the
submittal of the attached grant application to the Inter -Agency Committee for Outdoor
Recreation for the Chesterley Park Expansion Project. The City of Yakima Parks and
Recreation Division has applied for this LAC grant to develop the remaining 12.5 acres at
0 Chesterley Park. Improvements will include two soccer fields, landscaping and additional
parking. Staff anticipates that a short presentation will be made to Council by
representatives of the Yakima Youth Soccer Association and the Greater Yakima Adult
Soccer Association concerning this project.
Resolution x Ordinance Contract Other (Specify)
Funding Source Parks and Recreation Capital Budget
APPROVED FOR SUBMITTAL:
StteS17%.
ity Manager
STAFF RECOMMENDATION: Approve the attached Resolution.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
Ti
fon
z_72/ RECKON
Description and Funding information
Oa Parks & Recreation
eriey Park Soccer Expansion
98-1123 13
RP - Local Parks
Description of Project
The Chesterly Park Expansion project would complete the soccer fields of this regional soccer complex for the
citizens of Yakima. This 30.8 -acre park is located in the northwest portion of the city and currently consists of 4
soccer fields, restrooms, picnic shelter, playground, parking and landscaping. This proposal will provide 2
additional soccer fields, a skate park, 118 additional parking spaces, and landscaping, Future plans call for soccer
stadium sexing, iwo in-line hockey surfaces, basketball ccurt two sand volleyball courts, walking trail and
additional restrooms. IAC funds were used to purchase this 30.8 -acre park property in 1975. The City of Yakima
passed a parks bond in 1988 that allocated funds for Phase 1. development. This grant request is for the
development in Phase 2.
Chesterley Park is located in the City of Yakima at North 40th Avenue and River Road. e park is located in the
Project Location Th
northwest portion of the City near the 40th Avenue exit off State Route 12.
IAC Program Request
VVWRP - Local Parks
Applicant Participation Amount
Appropriation \ Cash
Cash Donations
Donated Labor
Donated Materials
Force Acct - Labor
Force Acct - Materials
Total for Applicant
IAC and Applicant Amount
Project Cost Estimate ,
Acquistion Cast Estimate
Development Cost Estimate
Project Total
•
1AFDESC.RPT
May 26, 1998
100,000.00
140,000.00
44,580.00
4,500.00
20,000.00
5,192.00
0.00
539,272.00
225,000.00
314,272.00
9,272.00
98-1123 D
Flawitzeiriquattfir
OEM •
RECREfM011 ,
i-na Parks & Recreation
Jrley Park Soccer Expansion
Development Costs
98-11
WWRP - Local P
I Courts
OA*
Each 1.00 80.000.00 80,000.00 Sq Ft
•iscaping
; - hydro seed Acres 11.50 4,500.00 51,750.00 Optional
ion - automatic for turf/playneld Acres 11.50 6,000.00 69,000.00 Optional
/shrubs Lump sum 1.00 6,500.00 6,500.00 Optional
Furniture
• receptacles
Each 4.00 250.00 1,000.00 Describe
Each 4.00 500.00 2,000.00 Describe
Each 10.00 150.00 1,500.00 Describe
ting
Linear Ft 2,240.00 7.00 15,680.00 Optional
rig -bituminous Spaces 118.00 893.84 105,473.12 *Accessible 8
ng Lump sum 1.00 800.00 800.00 Optional
100. x 1W - concrete &
steel ramps
366185.71
steel with plasticol coating
steel with plasticol co
steel with plasticol coating
concrete curbs and gutters
/field
Each
4.00 1,660.00 6,640.00 Size/type goals & nets
Preparation
-ing Acres 11.50 571.00 6,566.50 Optional
ing Acres 12.50 6,536.00 81,700.00 Optional
;oil Cubic Yds 2,839.40 12.03 34,157.98 Optional
Amount
Amount
al Costs
39,483.04
37,021.36
-7COSTN.RPT May 26, 1998
539,272.00
dump fees
98-1123 0
kft
OUIUOOR
RECRERTION
Washington Wildlife and Recreation Program
Local Parks Category -
Application Project Summary
Chesterley Park Soccer Expansion NUMBER: 98-1123D (Development)
STATUS: Application Submitted
APPLICANT: Yakima Parks & Recreation
CONTACT: Denise Nichols
(509) 575-6020
COSTS:
lAC $225,000 42 %
Local $314.272 58 %
Total $539,272 100 %
SPONSOR MATCH:
Appropriation \ Cash
Cash Donations
Donated Labor
Donated Materials
Force Acct - Labor
Force Acct - Materials
$100,000
$140,000
$44,580
$4,500
$20,000
55,192
DESCRIPTION:
The Chesterly Park Expansion project would complete the soccer fields of this regional soccer complex for the
citizens of Yakima. This 30.8 -acre park is located in.the northwest portion of the city and currently consists of 4
soccer fields, restrooms, picnic shelter, playground, parking and landscaping. This proposal will provide 2 additional
soccer fields, a skate park, 118 additional parking spaces, and landscaping, Future plans call for soccer stadium
seating, two in-line hockey surfaces, basketball court, two sand volleyball courts, walking trail and additional
restrooms. IAC funds were used to purchase this 30.8 -acre park property in 1975. The City of Yakima passed a parks
bond in 1988 that allocated funds for Phase 1. development, This grant request is for the development in Phase 2.
LOCATION INFORMATION:
Ortesterley Park is located in the City of Yakima at North 40th Avenue and River Road. The park is located in the
hwest.portion "of the City near the 40th Avenue exit off State Route 12.
JNTY: Yakima
SCOPE (ELEMENTS):
Architectural & Engineering
Hard Courts
Landscaping
PERMITS ANTICIPATED:
Local (CountylCity)
Park Fumiture Sales Tax
Parking Site Preparation
Playfield
SEPA
LAND CHARACTERISTICS:
ANTICIPATED Existing Acres Acres Acres
ACREAGE TYPE Acres To Acq To Dev To Renov Total
12.50
Uplands 30.80
ANTICIPATED SIGNIFICANT PUBLIC ACCESS RESTRICTIONS:
No
30.80
LAST UPDATED: May 25, 1998 DATE PRINTED: May 26, 1998
1APSUMI.RFT
Chesterley Park Soccer Expansion
5. The City of Yakima acknowledges that any property acquired or facility
developed with IAC financial aid for the Chesterley Park Expansion
Project must be placed in use as an outdoor recreation facility or habitat
conversation area and be retained in such use in perpetuity unless
otherwise provided and agreed to by the City of Yakima, IAC, and any
affected federal agency; and
6. That this resolution becomes part of the formal application to IAC; and
7. That the City of Yakima provided appropriate opportunity for public
comment on this application through its comprehensive planning process
and public meetings of its Parks Commission.
ADOPTED BY THE CITY COUNCIL this 3 day of ----WO* 1998.
ATTEST: John Puccinelli, Mayor
).2
GI -1-1
City Clerk
(110res/Chwerley Park Saccer-pen
•
RESOLUTION NO. R-98- 90
A RESOLUTION authorizing the City Manager to sign a funding assistance
application for an outdoor recreation or habitat conservation project
to the Interagency Committee for Outdoor Recreation as provided in
Chapter 43.98A RCW, Washington Wildlife and Recreation program
and all other applications, agreements, amendments and documents
for the purpose of developing the Chesterley Park Expansion Project.
WHEREAS, the City Council of the City of Yakima has approved a
"Comprehensive Park and Recreation Plan" for the urbanrea which identifies a
community park at 40th Avenue and River Road ("Chesterley Park"); and
WHEREAS, under the provisions of the Washington Wildlife and Recreation
Program, state and federal funding assistance has been authorized and made available
to aid in financing the cost of land for parks and habitat conservation areas and the
construction of outdoor recreational facilities of local public bodies; and
WHEREAS, the City Council of the City of Yakima considers it in the best public
interest to develop Chesterley Park located at 40th Avenue and River Road in northwest
Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. That the City Manager of the City of Yakima is hereby authorized to
execute and file an application with the Interagency Committee for
Outdoor Recreation for funding provided by the Washington Wildlife and
Recreation Program and all other related applications, agreements,
amendments and documents for the purpose of developing the Chesterley
Park Expansion Project; and
2. That any fund assistance received be used for the development of the
Chesterley Park Expansion Project; and
3. That the City of Yakima anticipates its share of project funding will be
derived from the Parks and Recreation Capital Fund, the Yakima Youth
Soccer Association, and the Greater Yakima Adult Soccer Association; and
4. That the City of Yakima acknowledges that they must support all non-
cash commitments to the local share should they not materialize; and
01)ms / Oleste riey Park per
171
1. ROLL CALL
CITY OF YAKI , WASHINGTON
JUNE 23,, 1998
BUSINESS MEETING
The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Yakima, Washington,
Mayor John Puccinelli, presiding. Council Members Clarence
Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary
Place, and Bernard Sims present on roll call. City Manager
Zais, City Attorney Paolella, and City Clerk Roberts also
present.
2. INVOCATION/PLEDGE OF ALLEGIANCE
Council Member Beauchamp gave the Invocation, and Council
Member Buchanan led the Pledge of Allegiance.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Mayor Puccinelli announced that City Manager Zais received
an excellent report at his annual review. Council Member
Beauchamp commended Mr. Zais for his 20 years as City
Manager. There are many accomplishments and successful
endeavors due to his outstanding leadership ability. City
Manager Zais recognized the tremendous staff support he has
received during his tenure and service to the City of
Yakima.
4. CONSENT AGENDA
Mayor Puccinelli referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council membersor citizens present.
It was the consensus of the Council to remove Item No. 14
from the agenda, to add Item No. 10 and to remove Item No.
15 from the Consent Agenda. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances
by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT
THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried
by unanimous roll' call vote. (Subsequent paragraphs
preceded by an asterisk (*) indicate items on the Consent
Agenda handled under one motion without further discussion.)
172
JUNE 23, 1998
. APPROVAL OF MINUTES OF THE MARCH 31, 1998 ADJOURNED MEETING
AND MAY 19 AND JUNE 2, 1998 BUSINESS MEETINGS
The minutes of the March 31, 1998 Adjourned Meeting and May
19 and June 2, 1998 Business meetings were approved, having
been duly certified accurate by two Council members and no
one present wishing to have said minutes read publicly. '
6. PUBLIC HEARING ON THE 1999-2004 SIX YEAR TRANSPORTATION
IMPROVEMENT PROGRAM (TIP) (SEE RESOLUTION ADOPTING PROGRAM)
This being the time set for the public hearing, Fred French,
City Engineer, presented the Six -Year Transportation
Improvement Program for 1999-2004. There are 12 funded
projects, many of which are existing projects that may not
be completed by the end of 1998. Two new projects, Yakima
Avenue between 1st Street and 7th Avenue programmed currently
for 2001, and Yakima Avenue between 7th and 16th Avenues
currently programmed for 2002, are included in the Plan.
Mr. French stated that correspondence has been received from
the Bicycle/Pedestrian Advisory Committee requesting
additional funding beyond the $10,000 allocated for sidewalk
construction projects. It is estimated that approximately
$400,000 would be required for the projects they have in
mind. Another requested project is for bus stops and pull
outs. Storm drain issues are included to allow the City to
spend gas tax revenue.
Council Member Place referred to the 20 -Year Plan and
pointed out that the 10th Avenue Improvement project, as
well as the 32nd Avenue project, are no longer part of the
plan. The 10" Avenue Right -of -Way has been vacated for the
hospital and Council dispensed with the 32nd Avenue project.
City Manager Zais assured Council that staff will verify if
the 32nd Avenue project should be deleted. Mr. French
stated that since these projects are included in the 20 -Year
Plan, which is not sent to the state, these projects can be
dropped from the Plan. Mayor Puccinelli opened the public
hearing and invited testimony from the audience. There
being no one wishing to comment, the public hearing was
closed. Resolution No. R-98-89 having been read by title
only, it was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO
APPROVE THE RESOLUTION. The motion carried by unanimous
roll call vote.
173
JUNE 23, 1998
RESOLUTION NO. R-98-89, A RESOLUTION adopting a Six
Year Transportation Improvement program for the period
of 1999 through 2004 for the construction of streets
and arterial streets in the City of Yakima.
7. PUBLIC HEARING ON THEAHTANUM ROAD ANNEXATION (SEE ORDINANCE
ANNEXING PROPERTY)
This being the time set for the public hearing, Bruce
Benson, Associate Planner, described the 94 -acre annexation
area, which is located south of the Airport and west, of 16th
Avenue. There are 13 tax parcels which account for 86% of
the assessed valuation. The population is estimated to be
about 10-20 people.
Mayor Puccinelli opened the public hearing and invited
testimony from the public. There being no one wishing to
comment, he closed the public hearing. Ordinance No. 98-21
having been read by title only, it was MOVED BY BUCHANAN,
SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried
by unanimous voice vote.
ORDINANCE NO. 98-23, AN ORDINANCE annexing property to the
City of Yakima and zoning said property, effective August 1,
1998. (Ahtanum Road Annexation)
8. AUDIENCE PARTICIPATION
Doug Picatti, 2004 West Yakima Avenue, President of the
Westside Merchants Association; Lana Burwell, owner of
Custom Vacuum, at 102 South 5th Avenue; Jerry Henderson, 309
North 35th Avenue; and Mark Peterson, owner of H & H
Furniture at 211 West Yakima Avenue, provided a brief
overview of the organization and past efforts to resolve
problems for the merchants from 1st Avenue to 16th Avenue. A
study session was requested with the Council to discuss
parking enforcement, snow removal procedures, and code
enforcement in the westside area.
Aileen Kane, 701 South 14th Avenue, prayed that the Council
would be given guidance in its deliberations, particularly
those decisions relating to public transit.
9. CONSIDERATION OF RESOLUTION AUTHORIZING APPLICATION TO
INTERAGENCY COMMITTEE (IAC) FOR OUTDOOR RECREATION FOR
CHESTERLEY PARK GRANT
Members from several local soccer associations spoke in
support of the grant application because more soccer fields
are needed at Chesterley Park. There was a considerable
3
174
JUNE 23, 1998
amount of discussion concerning funding, the improvements
planned for the soccer field, the status of the request for
the skate park facility, and the facilities that Pasco and
lother neighboring communities have built recently.
Resolution No. R-98-90 having been read by title only, it
was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R-98-90, A RESOLUTION authorizing the City
Manager to sign afunding assistance application for an
outdoor recreation or habitat conservation project to the
Interagency Committee for Outdoor Recreation as provided in
Chapter 43.98A RCW Washington Wildlife and Recreation
program and all other applications, agreements, amendments
and documents for the purpose of developing the Chesterley
Park Expansion Project.
*10.CONSIDERATION OF RESOLUTION ACCEPTING FAA GRANT FUNDS FOR •
AIRPORT IMPROVEMENTS
JOINT RESOLUTION NO. R-98-91, A JOINT RESOLUTION OF THE CITY
OF YAKIMA AND YAKIMA COUNTY ratifying an Application for
Federal Assistance and Standard DOT Title VI Assurances, and
authorizing the execution and acceptance of a Grant
Agreement for Federal Assistance and Certificate of
Sponsor's Attorney between the Federal Aviation
Administration and the City of Yakima and Yakima County.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING ABATEMENT OF WEEDY
LOTS
RESOLUTION NO. R-98-92, A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SEWER
MAIN REIMBURSABLE AGREEMENT WITH GREG AHMANN
RESOLUTION NO. R-98-93, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
Sewer Utility System Reimbursement Agreement and Conveyance
between the City of Yakima and Greg Ahmann.
*13. CONSIDERATION OF RESOLUTION SETTING DATE OF HEARING BEFORE
THE HEARING EXAMINER FOR JULY 23, 1998 TO CONSIDER THE
POTTER RIGHT-OF-WAY VACATION (BETWEEN VOELKER AND LEDWICH
AVENUES)
RESOLUTION NO. R-98-94, A RESOLUTION fixing the time for
public hearing before the Hearing Examiner on July 23, 1998,
on a petition filed with the City Clerk by Debra Potter and
4
175
JUNE 23, 1998
neighbor p to vacate an alley right-of-way between Voelker &
Ledw4.eri Avenues, and Pierce & King Streets.
14. CONSIDERATION OF REQUEST TO REMOVE TRAFFIC ISLANDS ON THIRD
STREET IN FRONT OF THE CAPITOL THEATRE
This item was removed from the agenda.
15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH EAGLE PLANNING SERVICES FOR TECHNICAL
PLANNING ASSISTANCE
Glenn Rice, Assistant City Manager, was available to respond
to questions from the Council about filling an existing
opening in the Planning Department. After discussion to
clarify this request, Resolution No. R-98-95 was read by
title onlyf It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO
ADOPT THE RESOLUTION. The motion carried by a 5-2 roll call
vote; Barnett and Klingele voting nay.
RESOLUTION NO. R-98-95, A RESOLUTION authorizing execution
of an agreement for technical planning services provided by
Eagle Planning Services.
*16. CONSIDERATION OF RESOLUTION DECLARING CITY'S INTENT TO
REIMBURSE THE WATER FUND FOR CONSTRUCTION COSTS FOR VARIOUS
IMPROVEMENT PROJECTS THROUGH THE USE OF BOND PROCEEDS
RESOLUTION NO. R-98-96, A RESOLUTION to declare the City's
intent to use bond proceeds to reimburse, with certain
restrictions, , construction costs related to Water
Improvements contained in the 1998 budget.
*17. CONSIDERATION OF RESOLUTION ACCEPTING INSURANCE CLAIMS
REPORT FOR FIRST QUARTER 1998
RESOLUTION NO.
the 1st Quarter
*18. ACCEPTANCE OF
REPORT
R-98-97, A RESOLUTION accepting and approving
1998 Insurance Claims Report.
APRIL 1998 REVENUE AND EXPENDITURE (BUDGET)
The April 1998 Revenue and Expenditure (Budget) Report was
accepted.
*19. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B -
ACCEPT PROJECT AND APPROVE FINAL PAYMENT) FOR:
A. 'R" STREET EXTENSION TO NORTH 1ST STREET
5
176
JUNE 23, 1998
The report from the City Engineer, dated June 10, 1998, with
respect to the completion of the work on the " R" Street
Extension to North First Street project, performed by
Superior Paving Company, was approved, the work accepted and
payment of the final estimates as therein set forth was
authorized.
B. FAIR AVENUE IMPROVEMENT PROJECT
The report from the City Engineer, dated March 12, 1998,
with respect to the completion of the work on the Fair
Avenue Improvement Project, performed by Superior Paving
Company, was approved, the work accepted and payment of the
final estimates as therein set forth was authorized.
C. 9TH AVENUE WATERMAIN EXTENSION
The report from the City Engineer, dated June 9, 1998, with
respect to the completion of the work on 9th Avenue Watermain
Extension Project, performed by DeBlasio Construction, Inc.,
was approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
*20. APPROVAL OF RIGHT-OF-WAY USE PERMIT FOR SIGN RELOCATION AT
712 SOUTH 1s7 STREET REQUESTED BY MASTER TUNE
The Right -of -Way Use Permit to relocate a sign at 712 South
1st Street, requested by Paul and Diane Richards for Master
Tune was approved.
*21:- ACCEPTANCE OF 1997 YEAR-END VEHICLE INCIDENT/COLLISION
REPORT
The 1997 Year -End Vehicle Incident/Collision report was
accepted.
*22. CONSIDERATION OF ORDINANCE AMENDING THE YAKIMA MUNICIPAL
CODE RELATING TO THE FIRE RELIEF AND PENSION BOARD MEETINGS
AND BOARD COMPOSITION
ORDINANCE NO. 98-24, AN ORDINANCE relating to the firemen's
relief and pension fund; changing the method of selecting
the secretary for the firemen's relief and pension fund
board of trustees; changing the manner in which the date of
monthly meetings of the board will be determined; and
amending Section 1.47.050 and Section 1.47.060 of the City
of Yakima Municipal Code.
177
JUNE 23, 1998
23. OTHER BUSINESS
Jerry Henderson announced that there is a lot of competition
for hotel rooms this weekend because there are soccer
association members in town, and there are over 500 swimmers
participating in an invitational meet.
Information Items:
Items of information provided to Council were: Monthly Street
Operations Report for May 1998; Letter from Connie Little
regarding Yakima Community Television productions from May 1 -
April 30, 1998; Agenda for the June 25, 1998 Hearing Examiner
meeting; and City of Yakima Planning Division Assignments Pending
as of June 23, 1998.
24. EXECUTIVE SESSION REGARDING PENDING LITIGATION (REVIEW OF
HEARING ON FEDERAL 9 CIRCUIT COURT OF APPEALS RULING ON CITY OF
YAKIMA v. FEDERAL SURFACE TRANSPORTATION BOARD)
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION, WITH
IMMEDIATE ADJOURNMENT THEREAFTER TO JULY 7, 1998 AT
7:30 A.M. AT POLICE STATION/LEGAL CENTER CONCERNING ANIMAL
ENFORCEMENT ORDINANCE. The motion carried by unanimous
voice vote.
25. ADJOURNMENT TO JULY 7, 1998 AT 7:30 A.M. AT THE POLICE
STATION/LEGAL CENTER RE; ANIMAL ENFORCEMENT ORDINANCE
Following the conclusion of the Executive Session, the
meeting adjourned at 3:25 p.m.
READ AND CERTIFIED ACCURATE BY:
ATTEST:
n'''
D TE
CITY CLERK
JOHN . CCINELLI, MAY
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this
meeting are available in the City Clerk's Office.
7
CITY OF Y I , WASHINGTON
JULY 1, 1997
BUSINESS ETING
1. ROLL CALL
393
The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Yakima, Washington,
Mayor Lynn Buchanan, presiding. Council Members Clarence
Barnett, Henry Beauchamp, Ernie Berger, John Klingele, John
Puccinelli, and Bernard Sims present on roll call. City
Manager Zais, City Attorney Paolella, and Deputy City Clerk
Skovald also present.
2. INVOCATION/PLEDGE OF ALLEGIANCE
The Pledge Allegiance was led by Council Member Puccinelli,
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Berger announced he has decided not to file
for a second term on the City Council. He thanked the
community and the Council for their support during the past
four years. He encouraged anyone who would want to step
forward and run for office -- it is a rewarding experience.
Yard of the Month award certificates were presented to two
citizens. Denise Nichols congratulated Julie Turner and
Bill Lethwoke for winning the honor for June. She described
the program which was developed to recognize citizens for
beautifying their home, yard, and community.
4. CONSENT AGENDA
Mayor Buchanan referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
It was the consensus of the Council to remove Item No. 17
from the Consent Agenda. The Deputy City Clerk then read
the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY SIMS, SECONDED BY
PUCCINELLI, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED.
The motion carried by unanimous roll call vote. (Subsequent
paragraphs preceded by an asterisk (*) indicate items on the
Consent Agenda handled under one motion without further
discussion.)
*5. APPROVAL OF THE MINUTES OF THE JANUARY 28, 1997 ADJOURNED MEETING
The minutes of the January 28, 1997 Business meeting was
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
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JULY 1, 1997
6. AUDIENCE PARTICIPATION
Virginia Gandy, 1717 South 10th Avenue, and Diane Rowdy,
1624 South 10th Avenue, both addressed the Council and asked
for clarification of sewer connection charges as it relates
to property within annexation areas. They felt the charges
are extreme and the increase would cause unbelievable
hardship to property owners; they questioned the
justification of the charges.
The Council and staff clarified several issues as they
relate to annexation. Mayor Buchanan pointed out that the
sewer connection fee has nothing to do with annexation
except that the sewer rates and connection fees are less
inside the City Limits. than they are outside the City.
Mayor Buchanan also explained the reasoning behind
establishing sewer connection fees -- which is to place most
of the burden on new development -- instead of increasing
sewer rates for all ratepayers by 15 percent. He further
explained that previously, ratepayers within the City of
Yakima paid the costs incurred by the City to extend
pipelines and provide sewer hookups for property owners
outside the City Limits where most new development is
occurring. Council Member Sims pointed out that the letter
printed in the paper which Ms. Gandy referred to was from
the Homebuilders Association, not the City; they are opposed
to the sewer connection charges. Council Member Sims asked
staff to explain some of the options and possibilities that
might be available to spread the payments over time or
perhaps mitigate the initial costs, depending upon the
income level. Chris Waarvick, Wastewater Superintendent,
directed attention to some of the benefits associated with
annexing to the City. He also entertained various questions
from Ms. Gandy and Ms. Rowdy concerning the Sewer Connection
Fee ordinance, effective July 3, 1997. The cost to connect
to the sewer is determined by the size of the lot and the
proximity to an existing sewer line. He explained that if
and when an existing on-site septic system fails and a sewer
hookup is necessary the Health Department has the authority
to determine that .;y,:;tem usabl and a
hookup is necessary. Council Member Klingele also noted
another factor which has impacted costs is that grants,
which were once available from various agencies to extend
sewer pipelines, are no longer available. He also explained
that part of this process is determined by Growth Management
in cities all over the state. After continued discussion
about the citizens concerns, the engineering staff was
directed to evaluate Mrs. Gandy's and Mrs. Rowdy's situation
to provide cost information about their particular property
such as whether or not they would be eligible to pay at the
old Capital Cost Recovery Charge until July 3, 1997.
7. PUBLIC HEARING TO CONSIDER SIX-YEAR TRANSPORTATION
IMPROVEMENT PROGRAM (TIP) FOR'1998-2003
This being the time set for the public hearing, Fred French,
City Engineer, presented and answered questions about the
1998-2003 Six Year Transportation Improvement Program. The
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395
submittal outlines the funded projects for 1998, Unfunded
Projects for 1998,'ad other.unfunded projects. He reported
there is a last minute recommendation to add Priority No. 14
as the Greenway Path and Dike Enhancement Project.
Mr. French described the location of the dike on the map and
reported the Corps of Engineers and FEMA have said it is too
short to provide adequate protection from flooding during
the 100 year flood from the Naches River. Mr. French
recommended this unfunded project be added to the Six Year
Plan because it does involve a transportation system, the
Greenway, and it offers the opportunity to use gas tax
dollars as matching funds should a grant become available.
Mr. French indicated the Greenway is classified as a
pedestrian pathway. It was MOVED BY PUCCINELLI, SECONDED
BEAUCHAMP , TO AMEND THE SIX YEAR TIP TO ADD THE GREENWAY
PATH AND DIKE ENHANCEMENT PROJECT. The motion carried by
unanimous voice vote.
Mayor Buchanan opened the public hearing and invited
testimony from the audience. No one wished to comment, and
Mayor Buchanan closed the public hearing. Resolution No.
R-97-90 was read by title only, and it was MOVED BY SIMS,
SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. There,was
a brief discussion about incorporating the amendment into
the plan. The question was called for a vote on the motion.
The motion carried by unanimous roll call vote.
RESOLUTION NO. R-97-90, A RESOLUTION adopting a Six Year
Transportation Improvement Program for the period of 1998
through 2003 for the construction of streets and arterial
streets in the City of Yakima.
8. PUBLIC HEARING TO CONSIDER' PIERCE STREET AND SOUTH 10TH AVENUE
ANNEXATION ( SEE ORDINANCE ANNEXING PROPERTY)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, was available to answer
questions about the annexation. Council Member Sims
reported people had approached him about water and utility
issues, and he asked Mr. Benson to address utility issues
and explain what annexation means. Mr. Benson summarized
the Pierce Street/South 10th Avenue Annexation. Initiated
in July 1994, this annexation initiation was concurrent with
the railroad mitigation project to bring water into the 7th
and 8th Avenues area. The project did not include water for
9th Avenue; water was already on 10th Avenue. Largely
because there was no water lines included along 9th Avenue,
the process has taken three years to gather petitions and/or
utilizing Outside Utility Agreements (OUA) to reach the
state's 75 percent of assessed valuation requirement. The
annexation was submitted to the Boundary Review Board (BRB)
and they passed on it in May 1997. This area does have an
assessed valuation just in excess of $13.5 million and the
necessary requirements have been met to consider this
annexation. Mr. Benson estimated there are 283 parcels in
the area with about 750 people; the specific number will be
known after the census is complete.
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JULY 1, 1997
Fred French, City Engineer, summarized the course of the
railroad water project that installed a lot of water lines
in the area in and around Yakima. He noted that 9th Avenue
was the only street that was not included in that area.
That project ended approximately two years ago, and
subsequent to that, work was done to add 9th Avenue to the
funding proposal by the Cameron Working Group. An agreement
was reached on a public street project to build this
waterline. As soon as the funding issue is settled between
the City of Yakima and this Working Group, the new water
line will be ready to be built. The approximate cost is
$250,000 to $300,000.
Mayor Buchanan opened the public hearing and invited
testimony from the crowd.
Virginia Gandy opposes the annexation process and does not
want to annex into the City of Yakima. She directed
attention to a Bill passed by the Governor recently
concerning annexation. City Manager Zais explained there is
a legislative act that was passed this last session to
essentially allow municipalities which provide police, fire
and other sorts of municipal, public protection to an area
nearly surrounded or completely surrounded, to annex that
area. Ms. Gandy reiterated that she adamantly did not want
to become part of the city. She asked how much would it
cost to hookup to City water. City staff was directed to
calculate that information for Ms. Gandy. Ms. Gandy
indicated she felt the choice to hook up to city sewer will
be made for her should her septic fail sometime in the
future.
Gene Gandy objected to the annexation petition process and
the Outside Utility Agreement. He feels it is unfair that
people on 9th Avenue were offered free water hookup by
signing a petition to annex into the City. He objected to
using tax money to gather signatures to have people annex to
the city. He fears the bill which will come in the future
for water and sewer connection when his well and septic tank
fail and the Health Department makes them connect. He feels
he should be offered free water connection instead of being
charged a big fee. Fred French explained the Ecology grant
which paid to extend the water and identified the
contaminated aquifer which extended to most of the area in
the downtown area; the boundaries for this stopped just
short of 9th Avenue, and that is the reason 9th Avenue was
left out originally. Once this contaminated aquifer was
identified, Ecology further identified potentially liable
parties (PLP's) and the Department of Ecology entered into
an agreement so that these property owners would contribute
to solving the problem by installing potable domestic water
to those people that had private wells that were suspected
of being part of the contaminated aquifer. Once the area
was identified by the Dept. of Ecology, the City, City of
Union Gap, and the County were also involved, the plans were
drawn up to install water lines and the money was
administered by the Dept. of Ecology from cash contributed
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JULY 1997
4,104
by the PLP's based on the agreement they had with Dept. of
Ecology.
,
City Manager Zais explained that the City of Yakima is
responsible for the maintenance, operation, and care of the
system and has the duty to ensure that is continued
properly. As part of the City Council's policy on delivery
of utilities, water and sewer, it is the City's position
that an Outside Utility Agreement would be a part of that
process. Mayor Buchanan also noted that the property taxes
assessed on those parcels will help pay for the cost of
other municipal services that they are receiving.
Velma Sills, 1516 South 10th Avenue, asked for clarification
about the annexation process as it relates to a property
owner. Mayor Buchanan and Council Member Sims explained the
process including indebtedness obligation and the
application of property tax. Staff was directed to provide
water hookup information to Ms. Sills.
Louise Turlington, 1624 South 10th Avenue, asked when the
annexation will become effective and expressed concern
because she lives next door to 13 pitbulls and about 200
chickens. There was discussion about the nuisance ordinance
and the animal control regulations within the City. Bruce
Benson indicated the effective date of the annexation
ordinance will be September 1, 1997.
There being no one else wishing to comment, Mayor Buchanan
closed the public hearing. Ordinance No. 97-41 being read
by title only, it was MOVED BY KLINGELE, SECONDED BY SIMS,
TO PASS THE ORDINANCE. After discussion about the signature
line for Daniel L Hese;PE., Director/County Engineer
approving the legaldescription for annexation, on Exhibit
B, not being signed which would affect the authenticity of
the document, it was MOVED BY KLINGELE, SECONDED BY BARNETT,
TO STRIKE THE SIGNATURE LINE FOR DANIEL L. HESSE, P.E.,
DIRECTOR/COUNTY ENGINEER FROM THE LEGAL DESCRIPTION, EXHIBIT
B, FROM THE DOCUMENT. The motion to amend carried by
unanimous voice vote. The question was called for a vote on
the motion, as amended. The motion carried by unanimous
roll call vote.
ORDINANCE NO. 97-41, AN ORDINANCE annexing property within
the north half of Section 36, Township 13 N, Range 18, EWM
to the City of Yakima and zoning said property, effective
September 1, 1997. (Pierce Street/S 10th Avenue Annexation)
9. PUBLIC HEARING TO CONSIDER LEWIS AND CLARK ATHLETIC FIELD ANNEXATION
(SEE ORDINANCE ANNEXING PROPERTY)
This being the time set for the public hearing,
Bruce Benson, Associate Planner, explained this property is
owned by the Yakima School District and is immediately
contiguous to the Pierce Street/South 10th Avenue Annexation
area. State law penalizes the City by not allowing the
value of school property to be used to meet the state
valuation requirement.
398
JULY 1, 1997
Mayor Buchanan opened the public hearing and invited
comments from the audience.
Louise Turlington, 1624 South 10th Avenue, explained her
property is right on this street with the ball fields across
the street. She asked if that street will need any
improvements or will it stay the same. It was explained to
her that only the jurisdiction will change. She also asked
about improvements to the alley between 10th, 9th, and 8th
Avenues where Pierce connects because they have had a lot of
problems with speeding vehicles in this alley. Explanation
was provided about street improvements and the LID process.
Diane Rowdy, 1624 South 10th Avenue, described the layout of
her property as it relates to the street and expressed
concern about how the construction of the school might
necessitate the school district needing access through her
property. She asked how will this affect their property and
what say would she have in the street improvements.
Ms. Rowdy was referred to the Yakima School District
Superintendent to discuss any upcoming proposed street
improvements in this area.
There being no further comments from the public,
Mayor Buchanan closed the public hearing. It was MOVED BY
KLINGELE, SECONDED BY BARNETT, TO STRIKE THE SIGNATURE LINE
FOR DANIEL L. HESSE, P.E., DIRECTOR/COUNTY ENGINEER FROM THE
LEGAL DESCRIPTION, EXHIBIT B, FROM THE DOCUMENT. The motion
carried by unanimous voice vote. Ordinance No. 97-42 having
been read by title only, it was MOVED BY KLINGELE, SECONDED
BY SIMS, TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 97-42, AN ORDINANCE annexing property within
the north half of Section 36, Township 13 N, Range 18, EWM
to the City of Yakima and zoning said property, effective
September 1, 1997. (Lewis & Clark Athletic Field
Annexation)
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF A SOLE
SOURCE CONSULTING LABORATORY AGREEMENT FOR NPDES TESTING
PROTOCOLS
RESOLUTION NO. R-97-91, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a "Consulting Laboratory Agreement"
between the City of Yakima, Battelle Laboratories, and
Preston Gates & Ellis LLP for the purpose of obtaining clean
metals sampling data to assist with the legal analysis
related to actual or potential disputes with Department of
Ecology regarding the renewal of the City's National
Pollutant Discharge Elimination System permit.
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JULY 1, 1997
399'
*11. CONSIDERATION, OF 'RESOLUTIONq!-AUTHORIZING EXECUTION OF
CONTRACT WITH GIBBONS THIRD PARTY ADMINISTRATION FOR
UNEMPLOYMENT COMPENSATION
RESOLUTION NO. R-97-92, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City of
Yakima to execute a "Professional Services Agreement"
between the City of Yakima and Gibbens Co., Inc. for the
purpose of obtaining unemployment cost control management
services.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING TREE REMOVAL AT
NORTH 8TH STREET (YAKIMA CENTER)
RESOLUTION NO. R-97-93, A RESOLUTION authorizing the removal
of two trees within the City right-of-way at the east
entrance to the Yakima Convention Center located at 10 North
8th Street, Yakima, Washington.
*13. CONSIDERATION OF RESOLUTION DECLARING SURPLUS EQUIPMENT
(SNOW BLOWER) AND AUTHORIZING ITS SALE TO THE CATHOLIC
DIOCESE/CALVARY CEMETERY
RESOLUTION NO. R-97-94, A RESOLUTION Declaring one 1973
Model Toro snow blower to be surplus and authorizing its
sale to the Catholic Diocese/Calvary Cemetery.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING GRANT APPLICATION TO
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) FOR
DEVELOPMENT OF SOCCER FIELDS AT CHESTERLEY PARK
RESOLUTION NO. R-97-95, RESOLUTION authorizing the
execution and filing of a funding assistance application for
an outdoor recreation or habitat conservation project to the
Interagency Committee for Outdoor Recreation as provided in
RCW Chapter 43.98A, Washington Wildlife and Recreation
Program for the purpose of developing Chesterley Park.
*15. CONSIDERATION OF RESOLUTION RATIFYING APPLICATION FOR BUREAU
OF JUSTICE ADMINISTRATION GRANT
RESOLUTION NO. R-97-96, A RESOLUTION ratifying application
for a grant in the total amount of $179,005 from the U.S.
Department of Justice, Bureau of Justice Administration, for
funding the Local Law Enforcement Block Grants Program, and
further designating and authorizing the City Manager to act
as the official representative of the City and to take such
additional steps as may be necessary and prudent to complete
transactions associated with the grant.
*16. SET DATE OF PUBLIC HEARING FOR JULY 15, 1997 FOR SARGENT
ANNEXATION
JULY 15, 1997 WAS SET AS THE DATE OF PUBLIC HEARING.
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JULY 1, 1997
17. CONSIDERATION OF ORDINANCE AUTHORIZING OIC REZONE AND
SUBDIVISION IN THE VICINITY OF WILLOW AND NORTH 27TH AVENUE
This item was removed from the Consent Agenda to provide
Council Member Beauchamp the opportunity to excuse himself
and leave the Council Chambers during the vote on this
ordinance due to his affiliation with OIC.
Ordinance No. 97-43 having been read by title only, it was
MOVED BY SIMS, SECONDED BY KLINGELE, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote; Beauchamp
not voting due to possible conflict of interest.
ORDINANCE NO. 97-43, AN ORDINANCE relating to land use
zoning and subdivision, rezoning 3.27 acres in the vicinity
of the north side of Willow Street between North 27th and
North 28th Avenues in Yakima, Washington, from Single -Family
Residential (R-1) to Two -Family Residential (R-2) and
amending the zoning map of the Yakima Urban Area
accordingly, and approving two preliminary plats creating a
total of 19 residential lots.
*18. CONSIDERATION OF ORDINANCE AUTHORIZING REZONE FOR GROUP M
ARCHITECTURE (TIM MONAHAN) AT 5110 TIETON DRIVE
ORDINANCE NO. 97-44, AN ORDINANCE relating to land use
zoning, rezoning 1.93 acres in the vicinity of 5110 Tieton
Drive in Yakima, Washington, from Light Industrial (M-1) to
Local Business (B-2) and amending the zoning map of the
Yakima Urban Area accordingly, and granting a building
height variance of 35 feet and an administrative adjustment
allowing 90% lot coverage.
*19. FIRST READING OF ORDINANCE AUTHORIZING THE USE OF CREDIT
CARDS FOR VARIOUS PURPOSES (NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance adopting a system for the issuance, use and
control of credit cards by city officials and employees; and
directing the department of finance and budget to adopt
rules and -procedures tco--i-mplament- suoh--s-y-s-tem, —hav-i-ng- been
read by title only, was laid .on the table for two weeks,
until July 15, 1997.
*20. SECOND READING OF ORDINANCE AMENDING THE 1997 BUDGET AND
APPROPRIATING FUNDS FOR ACQUAVELLA/PROFESSIONAL SERVICE
COSTS
An Ordinance amending the 1997 budget and appropriating
funds for unanticipated water rights litigation, irrigation
utility ordinance creation, and irrigation utility financial
modeling tools, all from unappropriated fund balances within
various funds for expenditure during 1997, previously having
been read by title only, was brought before the Council for
a second reading.
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JULY 1, 1997
ORDINANCE NO. 97-45 AN ORDINANCE amending the 1997 budget
and appropriating funds for .unanticipated water rights
litigation, irrigation utility ordinance creation, and
irrigation utility financial modeling tools, all from
unappropriated fund balances within various funds for
expenditure during 1997.
21. OTHER BUSINESS
It was MOVED BY BEAUCHAMP, SECONDED BY PUCCINELLI, TO
APPOINT DIXIE KRACHT TO THE YAKIMA HOUSING AUTHORITY BOARD
TO FILL THE CURRENT VACANCY. The motion carried by 6-1
voice vote; Berger voting nay.
City Manager Zais brought the Council up to date on Room Tax
Veto litigation and reported a Special Meeting of the
Council is scheduled for July 25, 1997 to consider this
issue.
Information Items:
Items of information provided to Council were: Monthly Report
of The Chief of Police for May, 1997; agenda for June 26, 1997 Yakima
International Airport - McAllister Field Regular Board Meeting;
article from PIA News entitled CPTED, April 1997; and letter from
Northeast Yakima Neighborhood Association concerning newly elected
officers for 1997-98 dated 6/22/97.
22. ADJOURNMENT
It was MOVED BY BARNETT, SECONDED BY PUCCINELLI, TO ADJOURN
THE MEETING AT 3:20 P.M. The motion carried by unanimous
voice vote.
READ AND CERTIFIED ACCURATE BY:
ATTEST:
CITY CLERK
DATE
DATE
LYNN UCHANAN, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
9