HomeMy WebLinkAbout05/18/1970 Business Meeting i
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MAY 18, 1970
The City Council met in regular session, Mayor Larson presiding. Councilmen Brown, Lam -
. bert, Lust McNeice, City Manager McMicken.and City Attorney Andrews present on roll
call. Councilmen Keith and Robinson absent on roll call having been'excused:at :a.previous
meeting. -
The Invocation was given by CityManager McMicken.
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The minutes of the regular meeting of May 11, 19,7.0,. having been duly certified .accurate by •
two Councilmen, and no one present wishing to have said minutes read publicly, Mayor Larso
declared said minutes approved as recorded.:
This being the time fixed .for: a Hearing o n the Planning Commission's recommendation to
amend the General Plan.by•adding the Nob Hill Land Use Plan and the College and Vicinity
Land Use Plan; it was MOVED'by Lambert; seconded by McNeice that a Resolution amending the
General Plan, as requested, be passed as read. Principal Planner, Ed Loidhamer, reviewed
this matter and showed slides of Nob Hill Boulevard from one end to the other of the pro-
posed study. He explainned- the'exis,ting'problems, described the existing'strip commercial
development: and stated that is hoped provide for-and improve the quality of the
existing strip development and some updating of property. He explained that this matter
was considered by the Planning Commission in April and that they had also considered the .
proposed expansion area for Yakima Valley College. Mr. Bill'Dye and Mr. Scott Wilson
being present, asked questions:about the traffic 'counts on various streets in the Nob
Hill Land :Use Plan vicinitywhich' were answered by Traffic Engineer Al Ray. Mr. Howard
• Elofson,.attorney representing Mr. Dale York, property owner in this vicinity, and Mr.
C.J. - Halverson, Attorney, representing Marguerite and Will Hackett, stated that their
clients had learned of this Hearing only today, and'requested that the property owners
have more time to study this matter'before final action is take . Mr. Fred Hammerstad,
United Builders, also requested that'action not be taken .at this time. City Manager
McMicken indicated that this is a part of the General Plan and does not change any zones
.or constitute any changes in someones property rights. He further indicated_ that it would
be appropriate to have future discussion On this matter. Council members indicating that
;they feel that everyone concerned should have a chance,. to study this matter and express
their reactions, it was MOVED by Lust,: seconded by Lambert that this Hearing_be continued
until June 15, 1970: carried, Brown; Lambert, Larson,Lust. and McNeice voting aye voice
vote. Keith and Robinson absent. .
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This being the time fixed for the Hearing on the matter of the Nob Hill Traffic Study,
Rock to,l6th Avenue, Director of Public Works, John Mayo, reviewed the reports and
charts regarding this matter and stated °that traffic volumes have increased a great deal
along Nob Hill Boulevard and considerable congestion is caused at the. location of various
commercial driveways _and'intersections - because,of the_ left -turn movements necessitated for
traffic in either direction turning the opposing traffic lanes. He stated that
further study and investigation indicates that of the nature of the-arterial ;and
its commercial strip development that:the installation of 'a multiple left turn storage
lane•cnuld well be. considered along•the full length of the street from Rock Avenue west to •
16th Avenue and consequently 'a parking occupancy.study was made. Mr. Mayo reported that
• the results of this parking survey showed:an occupancy rate of less than 2% and the Traffi
Engineering report..indicated that consideration should be given to removing . the parking
and using the parking lane width for other purposes; in order to meet the need for increase.
capacityalong this section of the street. -Property'owners present and speaking against
the; removal of the parking because in most cases they already very close to, the street,
having lost area in front of their businesses when Nob Hill Boulevard was widened, and
feel:that parking space is necessary to their-businesses, were Ormund Fluegge, Bill -
ington'Builders Supply.;'Helen Wilson, Trading Post; Dick Cash, Arctic Circle; Doug Brown,
Pizza Haven ;•and Stan Easter, who has apartments on this street. Council members indi-
cating that they feel that this matter needs and discussion with thepropert
owners in this area, it'was MOVED by Lambert, seconded by Brown that this Hearing be con -
tinued: carried, Brown, Lambert, Larson,Lust. and McNeice voting aye by:voice vote. Keith
and Robinson absent. .
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Mr..Rod Sanches, being present, read filed.with the City Council and City Clerk, a
letter from the Mayor's Committee on Human Rights and Yakima Advisory Council to the
Washington State Board Against Discrimination as follows: "Each year there are many
positions opened by the city, in various departments, for summer employment; ie the depart-
ment of Water, Planning,:Parks and Recreation, Sewer, Police, Street and Cemetery.
We request that this body; cause these jobs or positions to be filled by' members from
minority groups, and that'a list of jobs or positions be made available to our Employment
•Chairman, Rod Sanches, with all qualifications listed. This request is made keeping in
mind the stated .policy of the of Yakima as an equal opportunity employment
City Manager McMicken referred to. the awarding of, the Bid for the "B" Street and Lincoln
Avenue Overcrossings, and gave ,a brief history of the overpass action of the previous
years, up to the present time which covered information from'the time of the first pre-
liminary plans, the filing of the Prospectus and receiving approval of the Urban Arterial'
Board for Federal Funds in the amount of $1,750,000.of this project, ABAM submitting
Phase I and.Phase II of the project, the Planning. Commission's Hearing in March, 1969, and
the City Council Hearing in April, 1969, approving the Consulting Engineers' Plans, Mr.
McMicken further reviewing this matter, stated that the'City had then engaged:appraisers
Butler and Walls, who have prepared a report for the City dealing'with the damage to
abutting properties, if any, and in April, the Council called for bids., which were re-
ceived and.considered, as follows:
Total -- Schedile A. •
D.M. Madden $ 1,690,668.00 •
Western Bridge 1,823,543.50 •
Troy Burnham 1,890,370.75
Hannan Bros. 1,908,398.00
Peter Kiewit 1,938,296.40
S.S. MUllen 2,061,658.06
Venture 2,076,315.00
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1970
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Total . -- Schedule B •
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' Yakima Cement Products $137,,868.75
_ Western Bridge 137,868.75 . •
Superior. Asphalt & Const. 138,643.10 •
• Troy T. Burnham • . 144,753.25 •
..Mr. McMicken stated that this is the point .where an award'ing of the contract is now
.appropriate. He further stated that the low.bidder being D.M. Madden on Schedule A, and
Yakima Cement Products on Schedule B, and that the consulting engineers recommend awarding
the bids to said contractors. He explained that thirty days from the receiving of the
bids, a decision must be made on -the . awarding - of - the contract. City:Attorney Andrews
gave a report the legal aspects.regarding this matter,' explaining that a•condemnation
suit had been filed`previously . sta.ting that.the City is in a position to settle all •
property with the construction to proceed. He further stated'that negotiations
with "property owners -are being conducted and - consent agreements were sent•out of which 11
property.,.owners have returned "consents and 18 have.not. Mr. Andrews stated that.he'had
been notified by Counsel for some. of the property owners; that in the event the City
'awards a contract for the construction prior to the settlement .of damages to the property
owners, that,they'will seekan injunction. against the City. Public Works Director John
Mayo stated that in communications D.M. Madden 'Company, the low bidder, Mr.' Madden, •
had,been asked what the effects would be in delaying the bid and he pointed•out that all
labor union crafts will be looking into their contracts next June and indicated that he
could not extend the bid to a date that would make the_ _completion date, of the project fall
after June 1 of next year, because the,cost everything - .would. be increased., Mr. Mayo
- further stated that it is felt that the, actual. construction should begin because of the
cost picture'and recommended that the contracts be awarded to'theD.M.. Madden on
Schedule A, and to Yakima Cement Products Co. on Schedule B, as being the low bidders.
Mayor Larson asking for f.urther:discussion on this matter no one speaking; it - was
MOVED by Brown, seconded by Lust that the recommendation of the Consulting .Engineers and
the City Engineer be accepted and the contracts be awarded to the D.M. •Madden Company of
Seattle in the amount of $1,690,668'and to Yakima, Cement Products. Co., in the amount of
$137,868.25 and:that the City Manager be a.uthorized into a .contract with said
,contractors the filing - of the proper bond and insurance: carried, Brown, Lambert,
Larson, Lust and McNeice voting aye by voice vote. Keith and Robinson absent. Attorneys
Alan A. McDonald, E. F. Velikanje` and Fred C. Palmer' representing F. E. Covering and
Pearl H. Lovering; and,Lovering Tire Company, Lloyd', L.- ; Dahlin.•and Lila N. Dahlin, L.P..
Michelsen Company .and PHaddix and,Hel E. .Haddix,':d /b /a/ Ecomony Fuel Company,
filed with the City Council and City Clerk`,a Temporary Restraining Order:and Order to.Show
Cause.. Mr. McDonald stated that they :were not given an opportunity to be heard before the .. -
vote was taken t6 award the contracts and - are. therefore filing this document. Mr.
Palmer stated that their clients feel that the matter -of damages to abutting property
owners_. should b.e _settled..before L,.the .c onstruction,,begins. _ Mayor.. "Larson ..s,tating.• that .he had
asked if'there was discussion on the matter and no one speaking was sorry that.
they felt that they had not been allowed to speak. Councilman Lust stating that the
Attorneys present to speak to this matter and because they had not, and having
voted on the assenting side, itwas:MOVED.by Lust, seconded by Lambert, to reconsider
the vote on the awarding of the contracts: carried, Brown, Lambert, Larson, Lust and
McNeice voting aye by voice -vote. -Keith and Robinson absent. City Attorney Andrews,ex-
plained that the action taken by - the - City Council in letting., the, bid is,the thing that is
restricted temporarily by the, Restraining Order, which, order expires at 4:30 on Thursday,
May 28, 1970, and also explained that the City of Yakima, and the City Council shall
appear and show cause at 9:30 A.M. on Thursday, May 28, 1970. He further explained that
the action of 'the awarding of the - bid has been rescinded and therefore it should be re-
corded that no action was taken on the matter of awarding the bids. .
An Ordinance creating the Southeast Community Center Fund and appropriating $495,826
.within said fund, having been. read in its entirety at the - previous meeting of May 11, 1970,
• an d being read by Title only at this it'was MOVED by Brown, seconded by McNeice •
that Ordinance No 1221 creating said Fund, be passed as read: carried, Brown, Lambert,
_Larson, Lust and McNeice voting aye on car. Keith and Robinson absent. (Ordinance
Title 'was published and in previous minutes of Mayo11 - in error - read by Title only
J and published again this week.)
ORDINANCE NO. 1221, AN ORDINANCE creating and adopting Chapter 3.76, "-Southeast-Yakima
.Community Center Fund "'as:a new chapter of the City of Yakima Municipal Code;' creating,
defining the purpose of specifying the source of and regulating expenditures from such •
fund; appropriating $495;826, within - such fund; and declaring an emergency. •
Mr. Ed Loidhamer of the Planning Department reported on the matter of the Rezone Appli- •
,cation, filed by James M. Newborn & Others, requesting rezone of property located'at 1315
II S. 6th Street. He stated that in accordance with the action taken by the. City Council
on April 6, 1970, when this matter was referred back to the Planning Commission for fur-
ther study and recommendation, that the forty days within which to report back to the City
Council up on this date, May18, 1970, and he is reporting' that the Planning Commission
•is holding a Hearing on this matter:'on May 21, 1970, and will have a final report for the
- consideration of the City Council at the next Council meeting of May 25, 1970. (May 18,
1970 is the 40th day.)
City Manager McMicken referred. to the letter from Sun Valley Ambulance, which gives the
list of the new rate schedule effective immediately, and being filed with the City Council
in accordance with the Yakima City Ordinance N6:.:4962pertaining to ambulance business in
the City of Yakima,
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MAY 18, 1970
City Manager McMicken explaining that•th e State of Washington, Planning, :and Community •
Affairs Agency has - offered to the of Yakima, a comprehensive planning assistance
grant, which was.approved by'letter in 1969, and a contract needs to be executed at this
time, it was MOVED by Lambert, seconded by Brown that Resolution No. D -1488 authorizing
the execution of said contract, be passed as read: carried, Brown, Lambert, Larson,. Lust
and' McNeice voting aye on roll call. Keith and Robinson absent.
RESOLUTION No. D -1488, A RESOLUTIONauthorizing'and directing the City Manager - and City
Clerk to execute a -contractwith the State of .Washington, Planning and Community Affairs
Agency, fora comprehensive planning assistance program.
City Manager'McMicken explaining that on December 12, 1969, James McQuade through his
attorney, J.P. Tonkoff, filed a claim.against``the City for the of $75 arising •
from an alleged improper arrest and impr.isonment'of - claimant by the City, and has Off-
- -ered to accept the amount of $500 in full settlement of this claim, it was MOVED by Lust,
seconded by McNeice that Resolution7No. D -1489 authorizing the payment of $500 to James
McQuade and his attorney, J.P. Tonkoff, in settlement of said damage claim, be passed as
read: carried, Brown, Lambert, Larson, McNeice voting 'aye on roll call. Keith
and Robinson absent.
RESOLUTION NO. D -1489, A RESOLUTION :authorizing the payment.. of $500 to James McQuade and
his attorney, J.P.•Tonkoff, in settlement ;of a damage claim against the City.
City Manager 'McMicken requesting -of -State travel for Robert Rrimmer of the Police
Department to attend the Fire and Arson School in Eugene, Oregon, from May 24 - 29, with
expenses paid, it MOVED by. Lambert, seconded by Lust that said out -of -State travel
• be allowed with expenses paid: carried, Brown, Lambert, Larson, Lust and McNeice voting
aye by voice vote. -Keith and Robinson absent.
There being no further business to come before the Council, it was MOVED by Lust, secon -•
ded by McNeice that we do now adjourn at•the hour of 11 :30 P.M.: carried, Brown, Lambert,
Larson, Lust and McNeice voting aye by voice vote. Keith Robinson absent.
READ AND CERTIFIED ACCURATE BY DATE S - Z:5"
• OUNCILMAN
''' iV7 0 A f ._A., DATE C. �� t:5 /7
COUNCILMAN
ATTEST:
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CITY C L E R K M A Y O R
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