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Home My WebLink About06/01/1970 Business Meeting r / • 60-s JUNE 1, 1970 „. . . . • The. City Council.met,in.regular session, Mayor :Larson presiding, councilmen Brown,, Keith, Lambert, LuSt Manager McMicken and Oity:AttotheyAndreWs present on roll call Councilman McNeice absent on roll call, having been excused at the previous . meeting. . . . . , . . . . . . . . .. , . The Invocation was given by Councilman - Brown.' ' • ' _ . . . . . The minutes (:)f the regular meeting 1970; having ben duly Certified by two Councilmen, andno one present wishing to. have said minutes read publicly, Mayor Lar- son declared said minutes approved as'.recorded; - ' - - .* 'II This being the time fixed for the Hearing on Resolution of Intention No. D-1484 to improve property by the Construction of a sewer-in'the vicinity of McCargar's Westside.Tracts & Others, and therebeing protests in 'writing or otherwise, it was MOVED by Brown,.secon- ded by Keith that Ordinance No 1223 creating L.I.D. No 979, McCargar'S Tracts & Others Sewer District, be passed as read carried, Brown, Keith, Lambert, Larson, Lust and Robinson'voting aye oniroll "call. McNeice absent. ' ' . . . . ORDINANCENO. 1223,. AN ORDINANCE providing for the improvement. of 'certain property:byHcon- structing 'd pipe set with the necessary Wye'branthesand inanhcileS ebtablishing a Improvement District, providing for the method of payment thereof, and creating a special fund., . . . . . .. - , • - - . . . , An Ordinance appropriating $20,200 to the Department of Parks and Recreation for Park . acquisition and for relocation costs, having been read in its entirety . at, the previous . - meeting of'MaY and'beIng by"Title thii1rtheeting; by Keitlieecbnded by Ordinance No 1224 providing for said aliproPriatidn; passed as read carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye on roll call. McNeice absent.' Public WorkS,Director John Mayo explained. the makeup of the project costs, listing them and the source of anticipated - incomea8 follows:' - -.HUD Grant, for land acquisition - ..— $8,750 . , . . • , ' 2 LionS.Club:Donation • ._ _ ' . _ s . ' ..:---., 4,375 . _ . •, . , . _.. - •:-! '':•State•.Generair:Fund '...- . - . -.-.-- — .. .• . ' ..77. '.' 4 ,-33.5 .:.:-. - : . -. .. : .. • • ' ) T: '' :City 7 Operation . .Coalltion - • - . • - • -.. - ---- • -- • 2,5o0 0 ' - ' -- • • • - - - • . HUD Grant for Relocation . - - ••• • J -- ; - ,200 . ,.. . • • • • . ., • . . TOTAL-. $ 2() • - _ . . _ . . ' • • ' • ' . . , . . . . . . . ORDINANCE NO. 1224,' AN ORDINANCE appropriating the amount of $20,200 from unappropriated • funds of the Current•Expense Fund to 7-910,. Land, of the Capital Outlay classifi- cation in-the1970 a.ppropriationfor Parks and Recreation. . - . In'accOrdarice witli action-by the City-Council-at the previousmeeting of May 25, 1970, and an Ordinance amending the Buliding Code to allow the use of plastic rpipe, having been pre- pared, City Manager- McMicken.repOrted that the - Chief 'Inspector-has some additional-infor-' mation: on this matter and suggested'that'it be presented. before action is taken on the proposed Ordinance. Chief InSpector presented to the Council Members, Admin- istrative Bulletin No. IDP 1-70, Use of Alternate materials Jun0 re Plastic Drain, Waste & Vent (DWV) Pipe & Fittings, and suggested that the proposed Ordinance not . be passed and the Administrative Bulletin be allowed so that this matter be covered admin- istratively. He explained that the proposed ordinance does not sufficiently cover the'.• , . situation because it spells out the 'use of.P.V.0 pipe only, and does not specify-use•in single and multiple family dwellings only, as does the administrative bulletin, which . would Allow-it be used operatIons.-'Those.Tresent representing the build- ' inTandplUmbing industries, and speaking to this matter-; were Mr. Bob Leichnitz; Mr: Lee Campbell and Mr_ Charles Bradford. .City'Manager McMicken stated that matters such. as the use-of plastic pipe, are technical .and are handled . administratively . most of the time, and recommended that the Administrative Bulletin•No. IDP 1-70 as filed by Newell Pock, Chief' II . Inspector, be used. City Council members asked questions'about-the.types-of'plastic'pipe, height of buildings, - andthe-reason,for the doncern use of plastic Tdpe in commercial buildings Mr. Tock-explained'that there'-is concern'ifithe plastic pipe - is---... allowed in commercial buildings because all types of waste that would come from commercial operations have not been tested.withthistype of pipe, which would, be different from reSidentiallouildingS:- After'due"discusSion, it.Was'MOVED by 'Robinson, seconded 'by bert that we defer the action on the proposed Ordinance relating to the use of plastic • .pipe. and f011Ow of the Administrative•Bulletin 'No: IDP 1-70, filed by Chief Inspector Newell Pock,. and that no change be made in this bulletin until:the has - been first referred back to the City Council: carried, Brown, Keith, Lambert, Larson, Lust . . _ and Robinson' voting -aye by voice vote. .MCNeide absent.' Chief-Inspector re- 0 ported that the'1970'PluMbing'Code has been received. Council Members indicated that they feel . that this Code should be reviewed. and.studied.before it is formally adopted, and if - there should be any additions, or changes, it can be done by Ordinance at the time it is adopted. . . _ . . _ _ . . . . - ' • ..._ . _ ____.. .._. _. ..,. ,,,,, . • A report having been received from the PlanningrCommission on Petition No. 654, filed by . C. Josephine Hammond and Kenneth R. and Wilma Hull, requesting Vacation of a portion of Willow Street, it Waz:MOVED.by.Lambert, seconded. by Keith that Resolution No. D-1493"fix- ing the time of Hearing by the City Council on this matter, for June 22 1970, be passed as read: carried, Brown,•Keith, Lambert, Larson, Lust and Robinson voting aye on roll-call. McNeice absent. 0 - . . . . . RESOLUTION NO. D-1493, A RESOLUTION fixing the time and place for. hearing .on . a petition 11 for vacation-of-unimproved street right-of the CityofYakima,Washington._ .. - . . City Manager McMicken introduced two new City employees to the City Council, Mr. Jay Otto, Director of Planning and Community Development, and Mr. Tom Froula, Systems:Analyst. City Manager 'McMicken reported that a Hearing was held before Judge Hopp on Thursday, • May 28, 1970, on the matter of the restraining order to enjoin construction of Lincoln Avenue and.'"B" Street overpasses, and stated that City Attorney Andrews will review the action of the injunction. .Mr. Andrews reported that injunction was issued permanently .., enjoining the City until such time as legal steps have been taken regarding settlements to _abutting property owners. He further reported that the next procedural step ism order of public use and necessity, which was set for June 19, but has been changed to June 23,1970. . . , (continued) L . . . , • . , • , . JUNE 1, 1970 He stated'that.a considerable period of time has been set aside this fall to accommodate hearings on these cases. Mr. Andrews reviewed'his:statement made.in Superior Court at J / the hearing on the restraining order to enjoin the of the Lincoln Avenue and .. "B °" overpasses, which summarized the actions of the City on the entire matter con - cerning the construction the overpasses. . • s City Manager McMicken, stating that it is.now clear that we are unable to proceed with the overpa'sses'and the awarding of the bids, it was seconded by Brown that the City reject all bids for Overpass construction, both 'Schedules A and B, were re- ceived on April 23, 1970: carried, Brown, Keith, Lambert, Larson, Lust and .Robinson voting •aye by voice vote McNeice absent. . City Manager McMicken explaining that in 'accordance with Rule 0, Amendment; of the Rules of Procedure for the Yakima City 'Council, written notice of a proposal'to change Rule. C.2. "Meetings, Regular Meetings, Time for Notice ", was given the Yakima City Council on May-25, 1970, thereby notifying them that a resolution would be submitted on this date to effectuate such amendment in order'that the City Council Rules "Procedure comply with • City Ordinances, it was MOVED 13/ 'Keith, seconded by Lust that Resolution No. D -1494 amending said 'Rule, be passed as read:. Carried, Brown, Keith, 'Lambert, Larson, Lust and Robinson voting - aye on roll call., McNeice•absent. RESOLUTION NO. D- 1494,:A RESOLUTION amending Rule C.2. "Meetings, Regular Meetings, Time for Notice ", of the Rules for the Yakima City Council. • • - City Manager McMicken referred,to the comments Chief Inspector Newell.Pock before the Building Code Advisory Committee on behalf of the City of Yakima, copies of which are in the hands of City Council members. Mr. Pock reported on matters 'discussed at this ., hearing and reviewed briefly his •comments, which •statedthat general terms,-the City of Yakima is not.opposed to' unified States buildingcode standards.or_regulation so long as they are uniformly enforced, fairly administered, and provide for local options to meet , local circumstances, including local administration where feasible. Mr. Pock also com- mented in this report, that the City of Yakima believes'the intent and purpose of any regulatory code should be'equitable to it serves and to this end would encourage the cooperative - effort of the cities, counties and State departments to educate and develop 'qualified building,.plumbing and mechanical. inspectors,._then formulate equitable codes ' and enforce them:equally throughout the State. __., .. City.Manager McMicken referred , the__matter. -of the 1969 Annual Financial Report to.Finance, . Director Leonard'Crose, who reviewed. this report briefly,` stating that "the report is divided "into three" sections : I contains Table.of Contents and..the Letter of Transmittal: Section,Il,. Part.I,c,ontains the financial reports..of individual funds and • Part II.contains the reports that reflect the financial__ operation and condition of the City as.a. composite unit followed by the financial report of the Water- Sewer:Utility: :Section III contains statistical tables, general information reports, and.available infor- mation considered - to be applicable to.the various operations of the.City." 'Mr. Crose further' indicated, that, he ,feels this is, a valuable. report, copies, of which are available for anyone who can use the information. • City Manager referred to a, report.,received . regarding, the _r.ecent Census, received from the Bureau.of Census Field Office, wbich.states:that:.the City of Yakima now has . 45,050 `peo_ple,, which, is a ,great _reduction ~from _the previous .census, _ figures used, 48,500. He stated that .much of the money :received by _the -C-ity from various sources .is based on , a per _capita _basis, such_ as the _ foliowing :_ _ _ _. __ ,: ' • , per capita taxes -- 5.59 _- gas tax - . '. , - -F _ . .. .... ..• 3-.88 --- - i4 -=gas tax . - -- - .. - _ - ,' � • : • - - - 5.55' - - prof its' of liquor board 3.09• - liquor tax . -. . ' - - .. - - . -4,05 -- -- automobile 'excise tax: , . - Mr. McMicken.further stated that unless the population figure can be'inc"reased in some way, it will mean a loss of approximately $88,000 per year to the City. He reported that he has received reports from many :areas, that not all the census reports were picked "up, and feels that ' soinething 'should be done to . try "and'get a more 7 accurate count. Mr. McMicken explained that it intended to use the Department of Planning and. Community Development as - the central point to try and obtain additional persons, and that it•is-planned :to put out publicity indicating that if a has not been counted, to contact this department, and when all additional forms are collected, they will be sent to Olympia where they will .process' them.and' add to our count. • City Manager McMicken explaining that the City of owns surplus personal property which should be sold at auction and that•Yak-ima•County contemplates conducting an auction sale to dispos.e..of County property, and it.seems;in the best interests of City to join with Yakima County in conducting said auct sale, it wasMOVED by Robinson, seconded by Keith that Resolution No. -1495 authorizing' said sale, be passed as read: carried, Brown, • Keith, Lambert, Larson, Lust and Robinson voting 'aye on•roll call.` McNeice absent .. • RESOLUTION NO. D -1495, A RESOLUTION authorizing the sale of surplus personal property owned by the City of 'Yakima. • City Manager McMicken,stated that a request has, been received. from Mr. Harry Williams for • a" formal letter from the City confirming the fact that the City will provide domestic • water for his residence. after the domestic water transmission line from Oak Flats has been ' abandoned. Mr. McMicken explained that when the Water Treatment Plant is completed and • this particular line is abandoned, there will be three properties that the City will be un- ,, able to serve and that plans must therefore be made to provide a well and pump installa- tion which can be turned over to, the individual owner. He stated that no definite plans have been made at this time, but the property owners would like to know what is planned • for the. future, and suggested that a formal motion be made by the City Council authorizing - a letter from the City to give proof to the property owners that -the City intends - to.ful- . • fill the obligation to give proper domestic water service to them. In discussion, it was asked if the City is legally liable to furnish these.properties with domestic water. City Attorney Andrews 'explained that after a customer has once obtained domestic water service from the City,. or any public utility service, legally he has obtained the right for con - tinued.service and stated that we cannot cut .off existing customers by the changing of the public utility line. After due discussion, it was MOVED by Keith, seconded by Lust that a letter be prepared as recommended, to give proof to the affected property owners that the City intends to fulfill the obligation to give proper domestic water service to them: Carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye by voice vote. McNeice absent. , r JUNE _1, 1970 . City.Manager"McMicken explaining that West Airlines, Inc: wishes to operate-a• flight s'ervice to and from the Yakima "Municipal Airport in - accordance;-with- the provisions of an operators agreement with the City, it was. MOVED by`Brown, seconded by Keith that- Resolution No. D -1496 authorizing the execution of said alrline.operators agreement with _West Pacific Airlines, Inc., be passed as read: carried, Brown ,,Keith- Lambert, Lar- son, Lust and Robinson voting aye on roll call. McNeice absent. RESOLUTION 'NO. D -1496, A- RESOLUTION authorizing and"•directing the. City Manager and •City Clerk of the City of 'Yakima to execute an airline operators agreement with West Pacific Airlines, . Inc. City Manager McMicken explained that the Yakima Airport Restaurant, Inc., presently occupies space in the Terminal Building at the Yakima Municipal Airport and operates a restaurant business under provisions of a lease agreement which has expired•and desires to execute a new lease agreement with the City for the continued operation 'of the restaurant business. He further explained that the new • leaseagreement - has been changed from the.ex- pired in that•it has - been agreed that 1% of the rental gross income paid by the - Lessee shall be deposited and held by the City in a Restaurant Maintenance Fund to be expended for redecorating the leased premises, - replacing ._carpeting and draperies and. other purposes of a similar nature but not for maintenance, repair or , replacement of 'trade• fixtures or for structural alterations. In agreeing to this change,. Council members indicated that they feel that this tenant has• ;been the best one the City has had, and also agreed to grant a five year lease to said tenant. After due, discussion it was MOVED by Robinson, seconded by Keith that Resolution No. D -1497 authorizing the execution of a lease agreement with Yakima.tAirport Restaurant;'•Inc.,'be passed as read: carried, Brown, 'Keith, Lambert, Larson, Lust and Robinson voting aye on roll calla McNeice absent.. • RESOLUTION NO. D-1497, -A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a lease agreement with Yakima Airport Restaurant, Inc. . • City Manager McMicken reported that bids were received and considered by a• bid 'board on May 25., 1970, on the construction of South 24th Avenue Arterial Improvement Project as follows: Yakima Cement & Asphalt Paving Co. $163,584.50 Superior Asphalt & Conc. Co. 178,009.25 - Public Director John Mayo stating that this is a joint City - County, project and 'the awarding of the bid must be subject to U.A.B..and County Commissioners . approval, and recommending that the contract be awarded to Yakima Cement & Asphalt Paving Co., the low bidder', it was MOVED by Lust, by Robinson that the recommendation of the Director of Public Works be accepted and that the bid be awarded, subject to. U.A.B.and County Commissioners approval, to Yakima Cement Sc Asphalt Paving Company, in the .amount. .of $163,584.50, and that City Manager be authorized to enter into a'contract with said contractor upon the filing of the proper bond and insurance: carried, Brown, Keith,' Lam- bert, Larson, Lust and Robinson voting aye by voice vote. McNeice absent. City Manager McMicken referred the matter of the request for Solid Waste Management Planning Grant in conjunction with Yakima County, to Public Works Director John Mayo, who explained that the State has passed some legislation which requires that ail cities, towns •and "counties' •in the State "crea'te 'a' solid waste program. He furtherr explained that `.Yakima County is applying for someplanning grant money, and that he has been appointed by the County Commissioners, along with Ed Eichler and the City "Manager of Sunnyide, to be on the Solid Waste Review Board, which is an agency of the Conference of Governments. Mr. Mayo stating that it is necessary for the City to notify the County that they are willing to enter into an agreement in conjunction with the county, to participate in preparing a joint - city - county plan for solid waste management, it was MOVED by Robinson, seconded by Lambert that the City Council authorize the Mayor to enter into said agreement with the county: carried, Brown, Keith, •Lambert, Larson, .Lust. and Robinson voting aye by voice vote. McNeice absent. • There being no further business to come before the Council, it was. MOVED Lust, seconded by that we do now adjourn at the hour of 5 :05 P.M.: carried, Brown, Keith, Lambert, Larson, Lust and Robinson voting aye by voice•vote. McNeice absent. • • READ AND CERTIFIED ACCURATE BY . 1 ,. DATE c -e COUNCILMAN • O /ri DATE COUNCILMAN ATTEST: C I T Y C L E R K MAYOR • • • • • •