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Home My WebLink About04/12/1971 Business Meeting r . 184 • APRIL 12, 197,1.. The City Council 'met in' regular session;` Mayor` Larson 'presiding,.Councilmen -•Brown Keith, Lambert and • Rob inson; City 'Manager" McMicken and City Attorney Andrews • present 'on •roll call Councilmen Lust and McNeice being absent on roll call; it was MOVED by Robinson, seconded by Keith that they be excused from this - meeting: carried, Brown, Keith, Lambert, Larson and Robinson voting - aye by voice vote. . The Invocation was given by Councilman Lambert.' . The minutes of the regular meeting of April 5, 1971, having been duly certified accurate by two Councilmen, and no one present wishing to have said minutes read publicly, Mayor - Larson declared said minutes approved as recorded.. . • City Manager McMicken requested that proceeding with the—regular Agenda; that the matter of a Notice. of Intention to Commence Annexation Proceedings be brought on for dis- cussion'at this time. Petition No. 692, Notice of Intention to Commence Annexation Pro ceedings, having been filed with the Council on thi's•.datelby Mr. Carl W. Campbell, President of Redevco, Inc. and Mr. John.`Ledwich, Trust Officer,'National Bank of'Commerce as Trustee for Harriet C. Karr, requesting annexation of property situated between 32nd and 29th Avenues, south of W. Viola Avenue, it was MOVED by Robinson, seconded by Brown that this date be set as the time for a meeting,with_the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated 12, 1971, said initia- ting parties being'Mr. Campbell and Mr. Ledwich: carried, 'Brown, Keith, Lambert, .Larson and Robinson voting aye by voice vote. Lust - and McNeice absent. Mr. Campbell and Mr. Ledwich being present ad indicating that they are willing to assume the City's existing indebtedness, it was duly moved, seconded. and- passed-tha•t.the proposed by peti- tion no. 692, (Notice of Intention to Commence •Annexation - Proceedings) be-accepted by the City of Yakima and that•the area sought•to be annexed be required to, assume the City's existing indebtedness. The above - MOTION was made by Brown, seconded- by Brown, Keith, Lambert and Larson voting aye by voice vote.., Robinson not voting because,of a con- flict of inter.ests ,..Lust and McNeice absent. _ .. . . . This being the time fixed 'for a .Hearing on Petition No. 682, filed by Empire Home Builders Inc., requesting annexation of property situated northeast 'of - the intersection of 50th and Englewood, and City' Attorney Andrews explaining that this matter will-be. brought before• the Boundary Review Board and requesting. that it.be continued, it was MOVED by Keith, se- conded by Brown that this hearing be continued for one week or until April 19, 1971: carried, Brown, Keith,. Lambert, Larson and Robinson voting aye by voice vote. Lust and McNeice absent. This being the time fixed for the Hearing on . the Granting of Easements to Yakima.Mall- Shopping Center Corporation, City Attorney Andrews explained that two of the . easements had been previously covered by a revocable permit and that the proposed Easement Grant and Modification of Easement Grant, have.been prepared in accordance with a request from the Equitable Finance,.and Insurance Company who .are doing : most of the financing for thi•sipro- ject. After due discussion, it was MOVED by Brown,,se.conded by.•Keith that Ordinance,;No. 1296 granting said easements and executing said Easement,Grant and Modification of Ease- ment Grant, be pass,ed as. read: carried,, Brown, Keith, Lambert,.Larson -and- Robinson voting aye on roll call. Lust.and McNeice'absent. ORDINANCE NO. 1296, AN ORDINANCE granting an easement to :Yakima Mall- Shopping Center,Cor- poration along and under - a portion of East A Street in the City of Yakima, and along and under a portion of North Naches Avenue in the City of Yakima; modifying an easement gran- ted by the authority of City of Yakima Ordinance No. 1126,•passed April 28, 1969; and authorizing and 'directing the City Manager and City Clerk to •execute an "Easement Grant" and a "Modification of Easement Grant" for such purposes: -• • This being the time fixed for the Hearings on dangerous buildings located at 1319 S. 6th Street, 112 Fair Avenue 820 N. 6th Street and 16 Fair and the reports of the Chief Building Inspector re the demolishing of these buildings, having been reviewed; it was .MOVED by Keith,, seconded by_Rbbinson that. Resolution No.. D -1630 accepting said reports and assessing the demolition .costs against the real property; be passed as read: carried, Brown, Keith,• Lambert,. Larson.. and Robinson voting aye on roll .call„- . Lust and McNeice absent. . .- . RESOLUTION NO. D- 1630, A RESOLUTION accepting the reports of the'Chief Building Inspector concerning the demolition of _dangerous buildings,at,1319.South 6th Street, 112 Fair Avenue 820 North - 6th' Street _arid '.16 'Fair Avenue, ,all An the City ' of Yakima, Washington,. and asses- sing the demolition costs against. the real property.. The following- Petitions having been filed with City*Clerk: • Petition No.. 689, on April 2, 1971, by Robert E. West & Gene P. Mayer, Associate Realtors, requesting improvement of property by the construc- tion of water mains, (K- Mart), . Petition No. 690, on April 2, 1971, by Robert E. West & Gene P. Mayer, • Associate Realtors, requesting improvement of property by the construc- tion of a sewer, (K- Mart), and Petition NO. 691, on April 7, 1971, by St. Elizabeth Hospital, request- ing relocation of domestic watermains and irrigation watermains together • with necessary drainage features, . -- . it was MOVED by Robinson, seconded by Brown that said Petitions for the creation of Local Improvement.listricts, be referred to the City Manager and Staff for study and recommenda- tion: carried, Brown, Keith, Lambert, Larson and Robinson votingaye by voice vote. • Lust and McNeice absent. Mr. West, Mr. Mayer and Mr. Nettleship being present regarding the matter of Petitions No. 689 and 690 requesting water and sewer service to K -Mart, spoke in dicating that they would appreciate utility services of some kind as soon as possible. Mr. Jay Otto, Director of Planning and Community Development stated that these matters will be considered at the Planning Commission meeting of May 4, 1971. Discussion further on this matter indicated that after the Planning Commission meeting, and a report from the the City Council may take further action at their, meeting of May 10, 1971. An Ordinance appropriating money to Police Department to pay for professional consultant services for Joint Occupancy Study.of City Hall by Sheriff;s Office and Police Department, having been read in its entirety at the previous meeting of April 5, 1971, and being read by-title only at this meeting, it was MOVED by Brown, seconded by Keith that Ordinance No. No. 1297 providing for said appropriation, be passed 'as read: carried, Brown, Keith, Lam- bert, Larson and Robinson voting aye on roll. call. Lust and McNeice absent. ` IL_ _ 18 • APRIL 12, 1971 ORDINANCE 1297, AN ORDINANCE appropriating the amount of $8,500 from unappropriated money in. 000-General Fund to Account 521.50.31 of the Maintenance and Operation classifi- cation of the 1971 appropriation for 031- Police Department. An Ordinance amending plans and specs for Lincoln and "B" StreetLOverpasses and amending the Ordinance authorizing condemnation procedures therefore, having been continued from April 5, 1971, it was MOVED by Brown, seconded by Robinson that Ordinance No.'1298 amending said plans and specs and amending said Ordinance authorizing condemnation procedures, be passed as read: Brown, Lambert Robinson voting aye, on roll call. Keith and Larson voting nay on roll call.' Lust and McNeice absent. Discussion brought out that this Ordi- nance has been prepared to reduce the railroad crossing project by one -half, leaving a single railroad overpass at B Street, because of the unexpectedly high judgments for pro- perty owners which were returned in Yakima County Superior Court condemnation cases. The Ordinance will allow the City to discontinue proceedings for settling damages with property owners'abutting the Lincoln Avenue portion of the project and allow concentration on the remaining B Street condemnations, and any pending onLincoln Avenue will now be eliminated. It was brought out that the City must 'pay attorney fees and other related court costs for all the property owners, but not the damage awards for the abandoned part of the project. Councilman Keith stated that the reason he voted against the passage of this Ordinance is .because he believes that the whole project should be abandoned, but that since this is an emergency Ordinance and'needs unanimous vote to pass, he will change his vote to-an aye vote. Mayor Larson concurred with Mr. Keith and changed his vote to an aye vote, and the Ordinance passed with a unanimous aye vote of those present. • • ORDINANCE NO. 1293, AN ORDINANCE adopting.plans and specifications for a B overhead -viaduct only and reducing the scope'of a B Street and Lincoln Avenue overcrossing project previously approved by theYakima City Councill authorizing and directing the City Attorney of the City of Yakima to amend the Petition for Condemnation'in Cause No. 53117 pending in the Yakima County Superior Court for the condemnation of any property rights damaged or • interfered with in a manner to be legally compensable by the construction and existence of a B Street overcrossing; declaring such condemnation, as amended, 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 Urbar. Arterial. Fund (Budget Fund No. 380) of the City of Yakima; amending Ordinance No. 1200.; • dated January 19,.1970, and entitled "AN Ordinance.adopting plans and,specifications for B . Street and Lincoln Avenue Bridge Overcrossings " Sections. 1,2,3, and 4 of Ordinance No. 1209, dated March_16, 1970, entitled "AN Ordinance authorizing and directing the City Attorney of _the City of Y-akima.,to.institute and prosecute legal proceedings for the-con- demnation of.any property rights damages or interfered with in a manner- to be-.legally com- pensable by the construction and existence of B Street and Lincoln Avenue Overcros'sings; declaring such condemnation .and .any such damage-or interference-to-be-necessary for -a pub- lice 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 declaring an emergency "; discontinuing and.abandoning pending condemnation proceedings as they apply'to the construction of -ramps and an overhead via - duct on.Lincoln Avenue'. and declaring an emergency. • . It was MOVED by Brown, seconded by Keith that Ordinance No. 1299 fixing the time of delin- quency and 'for -.the issuance of bonds for 'the payment 'of the unpaid ,portion . of - L.I.D. No. 977, Fruitvale- Franklin'Domestic District; be passed - as read:, carried, • Brown, Keith, Lambert, Larson and Robinson voting aye on roll call. Lust and McNeice . absent .• .ORDINANCE NO. 1299, AN ORDINANCE fixing the time.of delinquency of installments -df assess- ments levied for the payment of the cost,of .the. improvement in Local Improvement District No. 977,: pr.oviding.for the issuance coupons attached for'the payment of the unpaid,portioh thereof. ' • Mr. N.A. Medley, being present, spoke to the..matter.of.Petition No. 686, Notice of I•nten- tion to Commence Annexation Proceedings, which he had filed on March 22, 1971, requesting annexation of property located at 48th and Nob'Hil.l:: He filed a letter with the City Council on this date which_requested withdrawal of his'Petition unless certain requests regarding the zoning are met. Mr. Medley explained that the Planning Commission had approved the preliminary planned unit development and when the final Plan was heard by the Planning Commission, it was denied, and that he now wishes to, withdraw his Petition. Discussion brought out that if Mr. Medley does not appeal the ,decision of 'the - ,Planning Commission, that nofurther action will be taken on the Notice of:Intention'to•Commence Annexation Proceedings. • A Report.from the Planning Commission on the Rezone Application filed by D.J. Development Company requesting Planned Development zoning for property located northeast of the intersection of S. 3rd and Washington Avenue, it was MOVED by Lambert, seconded by Brown that April 26, 1971, be fixed as the time for a'Hearing on this matter: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice vote. Lust and McNeice absent. • A Report from the Planning Commission having been received on Petitions No. 681 and 683, filed by Keith H. Foster and Lesley M. Hansen, and Robert R. Lynch and Ronald E. Sargent respectively, requesting Vacation of a portion of Marilane Avenue Cul De Sac, it was MOVED by Robinson, seconded by Brown that Resolution No. D -1631 fixing May 3, 1971, as the time for a Hearing on said matter, be passed as read: carried, Brown,'Keith, Lambert, Larson and Robinson voting aye on roll call. Lust and McNeice absent. RESOLUTION NO. D -1631 fixing the time and place for hearing on petitions for vacation of portions of Marilane Avenue cul de sac. A Report from the Planning Commission re Glascam'Builders' regiest for sewer service at 58th and Chestnut Avenues, Mr. Jay Director of Planning and Community Developme reviewed the Planning Staff Report and the Planning Commission Minutes of April 6, 1971, which indicated that approval of this application was recommended. After due discussion, it was MOVED by Robinson, seconded by Brown that said application for utility service for Glascam Builders' Planned Development, be approved in accordance with the signing of an Outside Utility Service Agreement, carried: Brown, Keith, Lambert,. Larson and Robinson voting aye by voice vote. Lust and McNeice absent. City Manager McMicken referring to the matter of Certification by the City Engineer of the completion of work on Public Works contracts as follows, and.the'recommendation that • work be accepted and-final payment C de AWARDED PROJECT AND CONTRACTOR FUND AMOUNT .South 1st Street & Washington December 21, 1970 LID #980 25,484.47 Avenue Sanitary Sewer DeBlasioConst. Co.,Inc. 186 APRIL 12, 1971 • . PROJECT CONTRACT AWARDED Englewood Avenue Irrigation . • ,.AND CONTRACTOR' . FUND .. AMOUNT Pipeline Construction . •February 8, 1971 484.534.30.65 9,032.76 DeBlasio Const. Co., Inc. ' it was MOVED by Robinson, seconded. by Keith that the report of the City Engineer dated April 5, 1971, with respect to the completion of the work on said Public•Works contracts, ' be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized: carried,, Brown, Keith,. Lambert, Larson and Robinson voting aye by voice vote. Lust and McNeice absent.. City Manager McMicken referred to the letter from Gray & Osborne, Consulting Engiae.ers...r•e the completion of therepair work inside the 48" pipeline at the water treatment, plant and other requested by 'Public Utilities Director Frank.Stein and stated that the pro -. ject has now been complded. He recommended that the work be acc Ep ted as recommended by .- •the'Consulting Engineers and Public Works Director John Mayo. After due discussion, it • was MOVED by Robinson, seconded by Keith that the report of the Consulting Engineers,.: Gray'and Osborne';_be approved and the 48. ".Water Transmission Main Project be accepted: carried, Brown; Keith, Lambert, Larson and 'Robinson voting aye by voice vote. Lust and McNeice absent. • . City Manager McMicken referred to the matter of authorization to execute the Fruitvale Canal Agreement and revievd his Report #74, City Ownership of Fruitvale Canal, which ex- plained the matter.- He stated :that the Staff has worked-on this matter and that every= thing is in order for the Pacific Power and Light Company to convey the Fruitvale Canal and its right of way to the City as provided in agreement documents, and a letter of agree- ment dated. April 6,''1971. After due discussion, it was .MOVED by Brown, seconded by Robin- son that Resolution No. D -1632 authorizing the execution of an agreement and acceptance of a deed, be passed as read: carried,'Brown, Keith, Lambert, Larson and Robinson voting aye on roll call. Lust'and McNeice'absent. ' RESOLUTION NO. D -1632, A R authorizing and directing the City Manager and City.' Clerk\of the.Cityof Yakima to execute an agreement and accept a deed for conveying.the Pacific Power. &..Light - Fruitvale Canal and right of way to the City-of-Yakima. ' • . City Manager McMicken referred' to his Report #111, Joint ComputerCenter- Developments,, which'reflects'the progress of the City- County data processing matters to date 'and ex- plained•that•the Joint Administrative Board has prepared a budget' for the operation of the Center' through 1971 and-recommended Council approval said Budget . After . due discussion, it was'MOVED by Robinson, seconded by Keith'that said•Joint Computer budget for the remainder of 1971, be'approved-as recommended by;'City Manager Report #111:'carried,Brown, Keith, Lambert, Larson and Robinson voting voice vote. :Lust and McNeice absent. City:Manager McMicken referring to the matter of authorization topay for work, repair and materials for repair of domestic water supply - well pump,'without calling for bids and ex- plaining .that this work-is of an emergency nature and there will not time to call for bids, it was MOVED by Robinson, seconded by Keith that Resolution No. D -1633 authorizing payment for said work, labor.and. materials with out calling for bids; be passed'as read: carried, Brown, Keith, Lambert, Larson.and Robinson voting aye on•roll call.' Lust and McNeice absent. RESOLUTION NO.'D- 1633,.A RESOLUTION authorizing payment for work, labor and materials for. repair of a..domestic water supply well pump without calling for bids. . . There being no further'business to come before the Council, it was MOVED by Brown, seconded by Keith that we do now adjourn at the hour of 6:0 P.M.: carried, Brown, Keith, Lambert, . Larson and Robinson voting aye by voice- ?ote. ,/ READ AND CERTIFIED ACCURATE BY • �z /. /' DATE �� C C ILMAN / • 1,� p �� + .`t� DATE / / � / ' COUNCILMAN 0 ATTEST c III / j • C I T Y C L E R K M A Y O R . * 1110 • • • • •