HomeMy WebLinkAbout03/16/1970 Business Meeting MARCH 16, 1970
The City Council met in regular session, Mayor Larson presiding, Councilmen Brown, Keith,
Lambert, Lust, McNeice and Robinson,,City Manager McMicken and City Attorney Andrews
present on roll call. •• - ,
The Invocation was given by Councilman Keith.
The minutes of the regular.meeting of March 9, 1970, having been duly certified accurate
by three Councilmen, and no one present wishing to have said minutes read. publicly,. Mayor
Larson declared said minutes approved as recorded. .
City Attorney Andrews explaining that Ordinance No. 1209 authorizing the commencing of
condemnation proceedings on the Overpasses, has been prepared, it was MOVED by Brown,
seconded by Keith that said Ordinance 1209 be passed as read. Mr. Andrews read a pre-
pared statement which he asked to be included in the minutes of this meeting as follows:
"STATEMENT BY FRED H. ANDREWS, YAKIMA CITY ATTORNEY, REGARDING CONDEMNATION PROCEED-
INGS.FOR B STREET AND LINCOLN AVENUE BRIDGE OVERCROSSINGS . .
Ordinance No. 1209,. March 16, 1970.)
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With regard to Ordinance 1209, just read, directing me as City Attorney to institute
condemnation proceedings for B Street and Lincoln.. Avenue Bridge Overcrossings, I feel
that I must make a formal public statement of a personal relationship between certain
property owners and myself in order to preclude any ethical or other personal problems
which might otherwise present themselves. Marilu Andrews, named in the ordinance as
an owner of Parcel S, is my wife. 0. -E. Hollingbery, Sr., named in the ordinance as an
occupant and as one who has some right, title or interest in . and to that'parcel, is my
wife's father, and O. E. Hollingbery, Jr., and Donald R. Hollingbery, also named in the
ordinance as owners of that parcel, are my wife's brothers. The right, title or interest
held by my wife in that property is vested in her as her separate property; and in spite
of the fact that I have no interest in it, I feel it necessary to make this public
statement of these facts I have just mentioned, although the City Manager, Council mem-
bers and others have been and are aware of this situation.
These circumstances do not make me reluctant to include that parcel .S in the ordinance,
nor do they make me reluctant to formally commence the court action directed by the
ordinance. My wife and her family understand, of course, the necessity for doing so,
and with the consent of the Council the action will be filed in that manner.
However, in the event an adversary proceeding is to be held concerning that parcel, I
feel that I should not represent the City as to that parcel. If the owners.of that
parcel claim .damages as a result of the overpass construction so that negotiations will
have to take place on that subject, I would prefer that someone other than myself con-
duct those negotiations on behalf of the City and make any agreements• concerning a
settlement. There are several reasons for my position in this regard, which I trust
are apparent so as not to require a detailed explanation. In all fairnes's to the City,
to the other property owners affected, as well as to my wife and relatives, I desire
that I be disassociated from all except the formal proceedings affecting that Parcel S.
I have discussed this subject with Craig McMicken City Manager, and John Mayo, Director
of Public Works, who have consented to this, arrangement and are willing to conduct any
negotiations with those owners and, insofar as possible, perform other acts for the
City which I might otherwise perform. In the event it appears necessary to engage in-
dependent legal counsel to represent the City in any contested court hearings, the City
Council will be so advised and its permission obtained before doing so.
With the permission of the Council, I desire to have a copy of this statement filed
with the minutes of today's Council meeting."
It was MOVED by Robinson, seconded by McNeice that the statement read by City Attorney
Andrews be included in the minutes of this date: carried, Brown, Keith, Lambert, Larson,
Lust, McNeice and Robinson voting aye by voice vote. Mayor Larson than called for the
roll call vote on the Motion to pass Ordinance No. 1209 commencing condemnation proceed -'
ings and it carried, Brown, Keith, Lambert, Larson,.Lust, McNeice and Robinson voting aye
on roll call.
ORDINANCE NO. 1209, AN ORDINANCE authorizing and directing the City Attorney of the City
of•Yakima to institute and prosecute legal proceedings for the condemnation of any property
rights damaged or interfered with in a manner to be legally compensable by the construction
and existence of B Street and Lincoln Avenue overcrossings; declaring such condemnation and
any such damage or interference to be necessary for a public use required by the public
interests; directing that any compensation to be paid for any such damage or interference
be paid from the Urban Arterial. Fund (Budget Fund No. 380) of the City of Yakima; and de-
claring an emergency.
It was MOVED by Robinson, seconded by Keith that Ordinance No. 1210 imposing a local 1/2
sales tax, be passed as read. City Andrews explained that this Ordinance form
was furnished earlier by the State of Washington Department of Revenue with specific in-
structions as to how to draft it accordingly and the procedures to follow according to
State Law. Councilman Robinson read a Statement by the Yakima City Council for Implement-
ing the 1/2 Local. Sales Tax and approved by all members of the City Council, as follows:
"Statement by Yakima City Council March 16, 1970
For Implementing ..
1/2 'LOCAL SALES TAX
The 1970 Legislature enacted a law authorizing cities and counties to levy a 1 /2c sales
tax on a local option basis. It is the intent of Yakima County, and the City Council to
take advantage of this new revenue source for local government purposes.
The estimated revenue by the State Department of Revenue to the City of Yakima from this
source is $1,100,325 annually, representing 85% of the City collected tax. The other 15%
is paid into the County Treasury for County wide services, the benefits of which are also
shared by City residents.
(continued)
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MARCH 16, 1970
(Statement by Yakima City Council for implementing 1/2 Sales Tax, continued)
The new tax will be levied beginning'April 1, 1970; the law authorizing the levy '
terminates. December 31, 1973 unless further legislation is passed before that date.
Because the local sales tax means a substantial new revenue source for the City, the
City Council proposes the following general guidelines for use of the new funds: •
- Citizens and organizations throughout the are invited to react to our guidelines
• and thereby participate in forming new.municipal policy.
State Aid to Cities_ -
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In 1967 a•State law was passed appropriating general funds of the State for use by
2 municipalities. The local sales tax law eliminates . "State Aid to Cities" after •
July 1, 1970. • •
By the time the "State Aid to Cities ",law is ended, it will have been in existence
- three years. During that period, the City of Yakima will have received $1,048,170
• for an annual average of $349,390. In the fourth year of the Act, now no longer in
effect, the City would have received.$268,340.
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Therefore, on the one hand, the City income will be increased by an estimated $1.1
million a year; it also be decreased about $350,000 a year due to a lapse in
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State Aid. The difference is $750,000.
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Allocation of Funds
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The needs of Yakima are.many. While some activities must take priority because of
their nature, a balanced program of municipal services is best in the long run. New
revenue must be wisely used. 'Capital improvement needs must be met as well as
operating costs. Initially, sales tax revenue will be allocated equally between
operating expenses (such as salaries, manpower and new services), and capital im-
provements (such as fire stations and apparatus, shop warehouse facility, parks, and
. so on). .High priority operating and capital improvement needs are identified in the
pages following. . .
•. ,OPERATING COSTS
Salaries • • •
Proper pay is always an important consideration of the City Council when adopting the
City's annual budget- Beginning January 1, 1970 we approved pay increases for uni-
formed police and fire personnel 10% and 7 -1/2% for all other classified employees.
In addition,.we directed that the City's entire Pay Plan be reviewed. The City
Manager has organized 35 department- heads, employees and representatives of the
unions to participate in this study which is now under way. He will report by May 1
so that we may, consider a mid -year adjustment in salaries effective July 1. $25,000
is already earmarked for this purpose. Collective bargaining with the employee •
groups will also be necessary before pay adjustments are made. . .
Police Manpower .
The 1970 budget will not be reopened as a result of the new -sales tax revenue, with
one exception:, police manpower. As a result of new revenue sources., six additional
police personnel were added the first of this year; we are directing the City Manager
to report to us on further improving the strength of the.Police Department-'-men and
equipment - -in time for additions to be made at mid -year.
.Police- Sheriff Cooperation
Under the Law and.Justice Committee leadership to improve police` services throughout
the County, - Police- Sheriff cooperation becomes increasingly important. Last year, in
a study of Police, Jail and City Hall space needs, professional consultants pointed
out the advantages of housing Police and Sheriff Departments in a Law. Enforcement
Building -- combining jails „communications,.records,.etc. This possibility must be
pursued in closer detail. A joint City- County'committee has already been authorized
l . and carries the endorsement of the Conference of Governments.
Fire Defenses
Some cities have centralized Police and Fire communications and otherwise emphasized
closer Police -Fire coordination. We see the need for comprehensive plan for our
fire defenses including the operating .and capital costs anticipated for the next five
years.”' The study would include manpower training, organization and management,
apparatus needs, fire station replacement and /or relocation, Police-Fire' coordination,
and coinmunicat.ions.. . We are directing the City Manager to conduct sucha• study ' so that
future" financial obligations for fire defenses will be better known.
Central Business District
Two years ago the CBD Plan was adopted. The Yakima Mall, a key element to downtown
• renewal, is a privately financed project._. But other efforts to renew the downtown are
needed as well, e.g,.',_convention facilities, off - street parking, etc. Parking meter,
revenues, now used for general,government purposes, are legally authorized for develop-
ing off- street parking. Desiring to know more about this method of financing parking
facilities, and a desire to help'•implement the CBD Plan, we'are directing the
Manager- to.p.re.pare a report on these possibilities.
Research Staff "
Because the City Manager does not now have 'any staff to'make management:andorganiza-
tion studies, or for making cost studies or for analyzing fiscal needs over a longer
period than the annual budget, we are authorizing him to employ an assistant to'do - `
research and prepare management reports.
Computerization • 0 ,
The City of Yakima -- following the lead of some other cities - -must take advantage of
recent industrial technology in the field of computers. Computer applications for
local government appear almost unlimited. The efficiency of our municipality will be
advanced by using such modern devices. Accordingly, we request the City Manager to
work with the School 'District and th"e'County government to determine if a Governmental
Computer Center'could'be'established. The City Manager is also'to advise if present
staff' is adequate for handling computer. applications to municipal functions. •
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MARCH 16, 1970
(Statement by Yakima City Council For Implementing 1/2 Local Sales Tax, continued)
Regional Library
The Yakima Valley Regional Library is primarily dependent upon property taxes for its
operating revenues. County and participating cities contribute 2 mills. We propose
to increase our support to the Regional Library by 10./ during the next three years that
the local sales tax is in effect.
CAPITAL IMPROVEMENTS
Overpasses
Two years ago, the "B" Street- Lincoln Avenue overpasses were estimated to cost $1,750,000.
Today, the estimate is $2.,284,000. The increase is due primarily to unanticipated work
involved and construction cost rise. .Urban Arterial Board funds will finance $1,625,000,
the railroads -- $375,000, but the City will be obligated to raise about $284,000 in local
taxes. We believe the importance of this project requires allocation of sales tax, or
risk losing the improvement.
Underpass
Two years ago, Yakima Avenue underpass was estimated to cost $800,000. Today's estimate
is $1,000,000 increased for same reasons as the overpasses. The City should fund this
extra cost -- $200,000- -from sales taxes, if necessary.
Fire Station - Apparatus
Previous mention has already been made of the need for a five year fiscal program to
plan and finance fire defenses, including fire stations and apparatus. A portion of
the fire defense cost will be an operating expense, and a will be a capital im-
provement expense. J
City Hall - Police Facilities
City Hall meets . neither the needs of the Police Department nor General Government. One
solution as recommended by space consultants. is the reuse of City Hall as Law Enforce -
ment Headquarters for Sheriff's Office and City Police. Although the agencies would
retain their separate, traditional identities, functional consolidation of certain opera-
' tions would result, including: records, communications, training facilities. Jails
would be consolidated under the Sheriff.
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City Hall - Police Facilities' financing will require a bond 'issue,. yet sales taxes' may
pay a portion of the cost. If authority were granted to levy a sales tax for an un-
limited time, total bond debt retirement might be possible from this source without any
resort to property taxation. .
While this topic has been previously mentioned as a concern of operating costs in future
years, it is mentioned again in the context of the capital improvement need.
Shop- Warehouse Facilities
Present shop, warehouse, and transit facilities are to be relocated to a new 13.8 acre
City -owned site located on Fruitvale Boulevard. A 1967 study estimated improvement
costs to be $1,145 ,000. Possibly part of this would be- financed from sales tax, or if'a
bond issue is used, to repay part of the principal and interest.
Streets and Sidewalks
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The City's street improvement program is relatively well funded from 'gas taxes. However,
local general funds are often necessary to supplement. State funding. Special needs
often arise, such as right of way purchases, sidewalks, lighting. No estimate of this
need is available at this time. .
Parks .
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Additions to the Park System have been found wanting over the years due to lack of
funds. Land acquisitions for park purposes have been lost on occasion for this reason.
While a bond issue is necessary to meet k ng -range needs, some portion of sales tax
should go into park development and City beautification.
Airport
Recent expansion of the airport -- extension of runway, enlargement. of Terminal Building- -
did not include equally important aviation needs: protection of future runway exten-
sions, preservation of clear zones, acquisition of adjoining land for airport related
development, taxiways, and'automobile parking. No costs are known at this time, but at
least one land acquisition is under study and Terminal parking must be improved.
Transit
New buses are needed for the City Transit System. While efforts are being made to pur-
chase them with State or Federal matching funds, local sales• tax income may be an
appropriate alternative: eight new buses will cost about $200,000.
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In conclusion, the allocation of new income for the City must be carefully planned.
Many competing needs must be considered. Accordingly, this statement is preliminary.
Advice from citizens and civic groups is invited.
In view of competing claims, the Council must review its sales tax income policy each
year with the adoption of the annual budget. It must be remembered that this new
revenue source expires in 1973 and a sudden drop in municipal income could occur in
1974 unless new legislation is passed.
Meanwhile, the best and wisest use of the new tax dollar will be our goal.
Jack Larson, Mayor
Wray R. I3rown C. James Lust
Royal Keith Don W. McNeice
Lenore M. Lambert Walter J. Robinson, Jr."
Mayor Larson called for the roll call vote on the Motion to pass Ordinance No. 1210 im-
posing said 1/2 sales tax and it carried, Brown, Keith, Lambert, Larson, Lust, McNeice
and Robinson voting aye on roll call.
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.MARCH 16, 1970
ORDINANCE NO. 1210,.AN ORDINANCE imposing a sales or use tax within the City of Yakima;
specifying the rate of such tax; providing for the administration and collection of such
• tax; and declaring an emergency effective April 1, 1970. .
This being the time.fixed• for the continuation of.the Hearing on Resolution of Intention
' to vacate a portion of South 6th'Street, in•accordance with.action taken the. City .
Council on March 9, 1970, when it was MOVED by Lust, seconded by Keith to pass Ordinance
II No. 1211 providing for said vacation, then' Moved to be continued to this date to further
investigate the matter and prepare agreements, if necessary, regarding the matter of re-
placement of irrigation pipe,'City Manager McMicken explained that after a review of the
situation by the Staff, it is recommended that Hahn Motor Company not be made responsible
for replacing said pipe. He further explained that the S.taff.did not feel it would be
fair to Hahn Motor Company since no buildings will be constructed on any portion of said
vacated street without the prior approval of the City.. .Mr..McMicken reported that the
other conditions reviewed regarding necessary easements. and rights -of -way for installation
and. maintenance. of utilities, are included in Ordinance as read.' After due discussion,
Mayor Larson called for the roll'call' vote on the•Motion to pass Ordinance No. 1211 pro-
viding'for the vacation cif a. portion of South 6th Street, and it._ carried, . Brown,.. Keith,
.Lambert, Larson,.Lust, McNeice and Robinson voting aye'on roll call.
ORDINANCE NO. 1211, AN ORDINANCE providing for the vacation.of a portion of South 6th .
•Street in the City of Yakima, Washington
This being.the -time fixed for the Hearing on Resolution of•Intention to Rezone property
located at 402- 412_South.12th Avenue,, it was.MOVED by Keith, seconded ,by Lambert that
. Ordinance..No.. 1212 .accepting, the recommendation ,of the Planning Commission and rezoning
said property, be passed as read. Mr. Ed Loidhamer, Principal Planner,.reviewed, this ,
matter, stating that it is also conjunction with the next•Ordinance on the Agenda. He
. explained that previously'LeRoy Nelson and Others applied for rezoning of said property.
from R -2, Two Family Zone to'B- 2,,Loca1 Business Zone, which application was considered
at the Planning Commission meeting of January 6, 1970. He further explained that dis-
cussion at this meeting brought, out the fact that one prospective buyer wishes to. have an
orthopedic appliance business, which is not included in the Zoning Code in a B -1, Modified
Business. Zone, but. is. the reaso• a: B -.2 Zone was. requested. Mr. .. Loidhamer reported that
at-that. meeting., the. Planning. Commission recommended denial of rezoning tb B -2 Zone in .- .
. this area, but indicated_ that..B- L,_Modified Business Zone would be appropriate, when :the
Zoning Ordinance is amended to include orthopedic prescription business,. as was also
recommended , by. the_ Planning-- Commiss ion:. .After due discussion, Mayor Larson called for
the roll call vote on the Motion to pass Ordinance No. 1212 rezoning. "said property, and
it carried, Brown,.Keith,.Lambert,- Larson, -Lust, McNeice and Robinson voting aye on roll
call. _ • .
ORDINANCE NO. 1212,, AN ORDINANCE accepting the of the 'Planning Commission
and rezoning certain'property situated at 402 -412 South 12th Avenue, in the'City'of Yakima,
Washington,: from_.R -2,, Two Family Zone, to B -1, _ Modified Business : Zone. . . _ .
This being_the time.fixed_for - the Hearing on Resolution of Intention to, Amend Zoning. .
Ordinance_ Section. 12..28.01° (2). rega.rding orthopedic uses in a B -1'. Zone, . it was . MOVED. by
Lambert, seconded by Brown that Ordinance No. 1213 amending the Zoning'Code as recommended
by the. •Planning..Commission, be passed as read: carried, Brown, .Keith',.; Lambert,.. Larson,
:Lust, McNeice and Robinson voting aye on roll call. .. .
ORDINANCE NO.. 1213, AN ORDINANCE relating to zoning;, specifying use regulations for B -1,
Modified Business Zone; and amending Section 12..28.010 of.the City of Yakima Municipal
Code. • • • .
This being the time fixed for the Hearing on Resolution of Intention to Amend Zoning Ordi-
nance. Section., 12 . °60..230 .regarding..height of fences, ,wall or hedges..in residential zone, it
was MOVED•by,Robinson.,. seconded by Keith that Ordinance No 1214 amending the:Zoning Code
as recommended by the Planning Commission,_ be. passed as read :. carried, Brown, Ke.ith,.
Lambert,.Larson,•ILust., McNeice and Robinson voting aye on roll `call. Chief .Building.In=
spec -tor, Newell Pock,.. explained that. this recommended change. in the Code, is, to include
certain requirements relating to corner'lots. He further explained that the present
wording in the Code does not specify requirements on corner lots as being any different
from o.ther lots ,and.. .there have .been some cases .where a hedge. or fence has become a .traffic
hazard because of the height, especially on corner lots. • .
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' ORDINANCE NO...1214,_ .AN..ORDINANCE relating. to _zoning_; limiting •the height of fences, walls
and-hedges in R -1, _R- 2.,..RM..and R -3 _zones; and amending Section 12.60,.230, of the City of
Yakima Municipal Code. __ ..
.A Damage Claim having been filed with the City Clerk on March 13, 1970, by Mrs. RobertA.
.Kelley, Jr., 1214 .S. 24th Avenue, .in the. amount of .$108.85, for, damages caused by _a sewer
backup, it was MOVED by Keith, seconded by'Lust that said Damage Claim' be referred to the
City Manager and Staff for study and recommendation: carried, Brown, Keith,.Lambert,
Larson,.Lust, McNeice and Robinson voting aye by voice vote. . . .
An App.eal.,from the Planning Commission's decision in denying the •Rezone Application of
James M..Newbo.r.n & Others, requesting rezone of property located at 1315.5. 6th Street,.
having._b.een.recei.ved on.March 13, 1970, from James Newborn, It was MOVED by_Robinson,
seconded by. Brown that March 30, 1970, be fixed as the time for a Hearing by the City:
Council on _said matter_:. carried, Brown, . Keith, . Lambert, : Larson, . Lust, .McNeice . and Robinson
voting aye by voice vote. . - .
Fire Chief Jules Shockley . presented the Fire Department's' 1969 Annual Report, reviewing it
briefly for the Council. He explained that fire loss in 1969 was greatly reduced from
1968, due to - .capable training. of.the men, early detection. of the. fires. and the cooperation
of the news media. City Council members congratulated Chief Shockley for the work on this
report and the Fire Department for its protection this past year, and indicating that they
feel:.the reduction in fire loss, and the fine training given the fire fighters; shows why
the Yakima-Fire.Department is the best in the State of Washington. .
City. Manager McMicken explained that the City-owns John, Chester•ly, Park, which it received .
when the Metropolitan Park District. was dissolved and the .C.ity Park District was formed:
(continued)
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MARCH 16, 1970
He further explained that this park area is located.west of 24th Avenue and north of Wash-
ington Avenue and there has:been a haying operation on the field each year. Mr. McMicken
stated that the Purchasinq.Agent called for bids •to.lease the hay field, which is approxi-
mately 15 acres, and Mr. Ruben.Trepanier'submitted'the only'bid, 'in the amount of $150.00,
which has been recommended by the Bid Board for acceptance._ .After due discussion,.it was •
MOVED by. Robinson, seconded by McNeice that Resolution No. D -1454 authorizing,the execu-
tion of said Lease Agreement With Ruben'Trepanier, be passed as read:' carried, Brown,'
.Keith,_Lambert Larson,'Lust, McNeice arid` Robinson boting'aye on roll call. •
RESOLUTION NO. D- 1454,. A`RESOLUTION'authorizingand directing the City'Manager and City
Clerk to execute - a Lease Agreement with Ruben Trepanier,. .
City.Manager McMicken reporting that in the widening and improving of a portion of South
24th Avenue',' negotiations hav e been completed with' seven more' property owners for the
purchase of_right -of- way - and - recommending that the' City' Council authorize the acceptance
of. the Offers To Sell', it was MOVED by Brown, ' seconded by Robinson that Resolution No.
D -1455 authorizing the purchase of said right-of-way, be passed as read: carried, Brown,
.Lambert,.Larson, Lust,'McNeice and Robinson voting aye on roll call. Keith not voting.
because of a conflict of interests.
RESOLUTION NO. D- 1455,.A RESOLUTION authorizing the purchase of right-of-way for the
widening and - improving of a portion of South 24th Avenue.
City Manager McMicken explained that Superior Asphalt & Concrete Company has completed a
substantial portion of work contemplated by an existing contract on the Washington Avenue
Arterial Improvement,. 16th to 24th Avenue : pro.ject, and because of the inclement weather,
an unreasonable delay has occurred., and it seems it will be in the best interests of the
City to_ terminate the existing contract, to'treat the project as final at its existing
state,of completion 'and pay the contractor in proportion to the amount of work accom-
plished' to date, subject to the. requirement that-the-City withhold money retained from
progress' payments. to date-for a` period' of thirty days' from this final: acceptance as re-
quired by law,. and execute a. new contict with "Superior Asphalt & Concrete Company, with-
out calling for further bids, to perform the unfinished work on project. He further
explained that the State Legislature authorizes this kind of action in, order to pay final
payments to contractors when a delay'has'occurred due to inclement weather. After due
discussion, it was MOVED by Robinson, seconded by. McNeice that Resolution No.. D -1456 ter-
minating said contract .for_the.'Washington Avenue Arterial .Improvement, 16th 24th Avenue
project, authorizi:ng payment and authorizing the execution of'a new contract for the
completion' of the project, be passed as read:. carried, Brown, Keith,.Lambert,.Larson,
Lust, McNeice' and Robinson 'voting 'aye on roll call.
RESOLUTION NO. D- 1456,.A RESOLUTION terminating a contract for the Washington.Avenue
Arterial Improvement, 16th to 24th Avenue project,. and authorizing final payment; and
authorizing .the execution of a new contract for thecompletion of the project.
City Manager McMicken referred to the Resolution of 'Intention to make certain improvements
adjacent to the Yakima Mall, explaining that the Mall Corporation has previously filed
Petition No 655 requesting that the'se'.improvements be placed under L.I :D. financing. He
further . explained that the approximate cost of $350,00.0 for these improvements Will
fit certain property held by the Yakima Mall Corporation. Mr. McMicken stated that these
factors indicate that it would be wise to engage Preston, Thorgrimson, Starin & Ellis,
Attorneys -at -Law, to guide us in the steps of this L.I.D. so that they may give a legal
opinion, and indicating that the legal firm is engaged. on bond issues of this size. He
stated that it is his suggestion and the City Attorney's,that the Council authorize the
hiring of this legal firm. He' 'further stated that this matter has been discussed with
the Mall Corporation and they are aware of the prospect of hiring this legal counsel and
that it will be included in the costs of the L.I.D. After due discussion, it was MOVED by
Robinson, seconded by McNeice that the City Manager be authorized to hire Preston, Thor -
grimson,. Starin and Ellis: carried, Brown,. Keith,.Lambert, Larson,. Lust, McNeice,and
Robinson .voting aye by voice vote. It was then MOVED.by Robinson, seconded by McNeice
that Resolution No., D -1457, a Resolution of Intention to create a'local improvement dis-
trict and setting March 23, 1970, as the time for a public hearing on this matter,. be
passed as read': carried, Brown, - Keith, Lambert, Larson, Lust,. McNeice and Robinson voting
aye on roll call.
RESOLUTION NO. D -1457, A RESOLUTION of intention to create a local improvement district
and setting the date for a public hearing .
City Manager' McMicken. explaining that it is necessary to transfer funds within the 1970
Planning Department Budget to'purchase office equipment, it was MOVED.by seconded
by McNeice that Resolution No..D -1458 transferring said funds, be passed read: carried,
Brown, Keith,.Lambert, Larson, Lust,.McNeice and Robinson voting aye on roll call.
RESOLUTION NO, D-1458,.A RESOLUTION transferring the amount of $510 within the 1970
appropriation for.104- Planning Department.
City Manager McMicken referred to his Report #74, City Ownership of Fruitvale Canal and
reviewed it briefly, giving the advantages.and the. disadvantages to the City should they
desire to assume ownership. He also reviewed the Pacific Power & Light Company's pre-
liminary proposal and stated that his recommendation as stated in ;:an.d ad-
vised by the City Attorney', the Director of Public Works 'and the Director of Utilities, II
is that the Council authorize negotiations with Pacific Power and Light Company for trans- .
fer of the Fruitvale Canal to the City, in accordarice.with their proposed offer and on the
following basis:
. 1. That a schedule of all'agreements not of record be supplied and that the City's
liability be limited to only of. those agreements identified and accepted;
2. That an agreement beegotiated with Boise Cascade for discharge of Canal
water into the Yakima River;
3. That the agreement's effective date be November 1, 1970. .
He •n further stated that at the conclusion of the suggested negotiations, appropriate
legislation to enter into a contract for future conveyance, will be brought to the City
Council. .After due discussion, it was MOVED by Robinson, seconded by Lambert that nego-
tiations be authorized with Pacific Power. and. Light Company as recommended, and with Boise
Cascade, one contingent upon the other: carried, Brown,- Keith, Lambert, Larson, -Lust,
McNeice and Robinson voting aye by voice vote.
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.MARCH 16, 1970 - .
City Manager McMicken explained that in connection with improvements to the water supply
system of the City of Yakima, it is necessary obtain a franchise from the Washington
State Highway Commission,- Department of Highways, to construct, operate and maintain a
water'intake canal and pipe, and stating that the State of Washington has granted such a
franchise subject to acceptance by the City, it was. MOVED by Robinson, seconded by McNeice
that Resolution No..D -1459 authorizing the execution of -a document accepting said.Fran --
chise: carried, Brown, Keith,.Lambert, Larson, Lust, McNeice and Robinson voting aye on
roll call. . .
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RESOLUTION NO..D -1459, A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima. to accept a franchise from the Washington State Highway
Commission,.Department of Highways, to construct, operate and maintain a water intake
canal and pipe. .
City Manager McMicken requesting authorization for Principal Planner Ed.Loidhamer to attmd
the American Institute of Planners' Meeting•at Gleneden Beach, Oregon, at their Northwest
Conference, March 24 - 27, 1970, and for Police personnel Bob Jones, Walt Dutcher and Jim
Beaushaw, to attend a two-week course in Supervisory Practices in.Police Personnel at
.Denver, Colorado, it was MOVED by seconded by Brown that said travel be allowed
with expenses paid: carried, Brown, Keith,.Lambert,- Larson,•Lust, McNeice and Robinson
voting aye by voice vote.
City Manager McMicken reported that the permit applied for from the State of Washington,
Department of Water Resources, to authorize the. development and maintenance of Yakima -
Freeway Park, as authorized by Resolution No. D -1448 submitting the application and
adopted by the-City Council on February 24, 1970, has now been received. He further re-
ported that the application was made jointly by the City and the County and the Permit
No. 517 -9 which has been granted, , waseXecuted by the City Manager and Cliff Onsgard of
the County.
Councilman Robinson asking to be excused from the next meeting - of March 23, 1970, it was
MOVED by Lust, seconded by McNeice that he be excused: carried, Brown, Keith,.Lambert,
- Larson, Lust and McNeice voting aye by voice vote.
There being no further business to come before the Council, it was MOVED by Lust; seconded
by Keith that we do now adjourn at the hour of 9 :50 P.M.: carried,.Brown,.Keith, Lambert,
Larson, Lust, - McNeice and Robinson voting aye by voice vote. .
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. READ AND CERTIFIED ACCURATE BY lf�"� ! G • E DAT �-�
COUNCILMAN'.
DATE IL /7-?-
COUNCILMAN
ATTEST: j
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