The URL can be used to link to this page

Home My WebLink About09/17/1996 Business Meeting 146. CITY OF YAKIMA, WASHINGTON SEPTEMBER '17, 1996 BUSINESS MEETING 1. ROLL CALL 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 City Clerk Roberts also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of. Allegiance was led by Council Member Puccinelli. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS (IF APPLICABLE) Jerry Foy, 4811 Modesto Way, thanked the Council and staff for their assistance for the continuation of protective fire and EMS services in the Fire District #10 area. Council Member Barnett read a proclamation in salute to the 1996 Yakima Bears baseball club for the Northwest League Championship. Bob Romero accepted the proclamation and thanked everyone for their support for the Bears. Linda McCracken, Yakima Literacy Coalition, Zonta International, accepted a proclamation from Mayor. Buchanan declaring September 15 - 21, 1996 as Literacy Awareness Week. 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 add Items Nos. 10 and 11 to 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 PUCCINELLI, 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.) *5. APPROVAL OF MINUTES OF THE JULY 9, 1996 ADJOURNED MEETING AND is AUGUST 20, 1996 ADJOURNED JOINT MEETING The minutes of the July 9, 1996 Adjourned meeting and August 20, 1996 Adjourned Joint meeting, were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. j•ntiwy :r: f ;,,,., P -d a. _. �: ^Y••l ,szc;� ^.;, «,;w „-rr SEPTEMBER 17, 1996 147. 6. PRESENTATION OF COMPUTER SOFTWARE TO THE YAKIMA VALLEY REGIONAL LIBRARY BY THE WESTSIDE MERCHANTS ASSOCIATION Jerry Henderson, President of the Westside Merchants Association, presented computer software to the Yakima Valley Regional Library. The Association received the software from participating in the Great Coral Race last July. Mary Lou Gallagher accepted the donation for the Library. 7. REQUEST. BY YAKIMA VALLEY COMMUNITY COLLEGE FOR SIGNALIZED PEDESTRIAN CROSSWALK AT ,SOUTH 14TH AVENUE AND NOB HILL BOULEVARD Several staff members from Yakima Community College were present to answer questions and to discuss the College's request for a temporary signalized pedestrian crosswalk on Nob Hill Boulevard at South 14th Avenue. The proposed crosswalk would be a short term solution (for a two year period only) until a more appropriate long term solution is found to replace the pedestrian overpass which was destroyed earlier this year. Karen Judge, Vice President for Administrative Services, provided details of the request and described the effort to resolve the issue. Kim Loranze, State Attorney General's Office, discussed the legal aspects of the effort to resolve the issue, particularly the costs involved; and Jim Steffens, General Administration Engineer, described some of the technical aspects of the bridge replacement project. Dr. Linda Kaminski, President, felt the crosswalk would be the best temporary solution and would provide a way for the students to cross the street,safely when they return to school on September 23. • Several members of the City staff responded to this request. The proposal had been previously reviewed by Police, Fire, Legal, Engineering and Public Works with a unanimous recommendation to deny the request due to public safety concerns. The City intends to install signs prohibiting pedestrian crossing on Nob Hill Boulevard between 14th and 15th Avenues. There was discussion concerning whose responsibility it is to pay for replacement of the bridge and the suggestion for YVC to ask the State for an emergency capital appropriation to upgrade the repairs to meet ADA requirements. Discussion included issues such as indemnification and potential liability regarding pedestrian traffic, motor vehicle traffic and the need for safe and efficient passage of emergency vehicles on Nob Hill Boulevard. There was also discussion about expected impacts to Nob Hill Boulevard as a result of increased train traffic in Yakima scheduled to begin in December. It was MOVED BY PUCCINELLI, SECONDED BY BERGER, TO ACCEPT OUR TRAFFIC MANAGER'S AND FIRE AND SAFETY RECOMMENDATIONS TO NOT PUT IN A SIGNALIZED PEDESTRIAN CROSSWALK AT 14TH AVENUE AND NOB HILL BOULEVARD. Again there was discussion about why YVC will not indemnify and hold harmless the City in connection with the pedestrian crosswalk. Linda Kaminski requested assistance from the Cityto heighten the wall, and there was discussion about ownership of the wall which apparently was 2 148. SEPTEMBER 17, 1996 built by the college on City right -of -way. There was also a considerable amount of discussion concerning why the City should assist the college in heightening the wall as a temporary solution to the emergency situation. There was also discussion about the responsibility of the company that knocked it down to pay to heighten the wall. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO AMEND THE MOTION TO INCLUDE THAT THE CITY WORK WITH THE COLLEGE TO HEIGHTEN THE WALL. The motion carried by unanimous voice vote. The question was called for a vote on the motion as amended. The motion carried by unanimous voice vote. Council Member Barnett requested City staff meet. with College staff to research and determine whether the LID approach would be feasible for this situation, which might avoid the expected two to three year delay. 8. AUDIENCE PARTICIPATION There was no one wishing to comment. 9. CONSIDERATION OF RESOLUTION MODIFYING AN APPROVED CONTINGENCY LOAN APPLICATION WITH THE YAKIMA HOUSING AUTHORITY (CONTINUED FROM 8/20/96) Glenn Valenzuela, Director of Community & Economic Development, referenced the request and indicated the errors have been corrected and a new document has been prepared. Council Member Barnett questioned the 20 year period mentioned on the last agenda statement and the 30 year period covered by the financial statement and asked would that have any impact on the figures that Finance provided. He also asked if procedurally Council should have an approved, signed resolution from the Housing Authority because he felt the Council should not be passing a contingent loan agreement with a blank resolution and documents in draft form. Council Member Puccinelli referenced the State Housing Commission Contract which mentioned a 50 year term. He asked for clarification. Tom Parker, Director of the Housing Authority, explained there are several sources of funding, including the Washington Department of Community and Economic Development. He provided copies of Housing Authority Board minutes which indicate the motion and vote approving the resolution. He also provided copies of the signed appraisal for the project. City Attorney Paolella commented that usually documents that have been reviewed by the City's bond counsel are more complete than these. Council Member Barnett did not feel comfortable with the Housing Authority's resolution because all the blanks were not completed. Mr. Parker indicated that could be done at the Housing Authority's September 25th meeting. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ACCEPT THE CONTINGENCY LOAN AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE HOUSING AUTHORITY WITH THE CAVEAT THAT ALL THOSE LOOSE POINTS ARE DEALT WITH IN THE RESOLUTION FROM THE HOUSING AUTHORITY AND THAT STAFF REVIEWS THE AMOUNTS 3 149 SEPTEMBER 17, 1996 • INDICATED ON THE LOAN AGREEMENT. Council Member Barnett requested clarifica conc -ng the statement in the Housing Authority's resolution that this is not a debt of the City which conflicts with statements in the Loan Agreement. He felt the Legal Department should have reviewed this before it came to the Council. The question was called for a vote on the motion. Resolution No. R -96 -123 having been read by title only, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote; Barnett voting nay. Council Member Puccinelli felt the Housing-Authority has taken.a giant step forward, and Council Member Barnett pointed out that he was not against the project, just how the paperwork was prepared. RESOLUTION NO. R -96 -123, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Contingent Loan Agreement with the Yakima Housing Authority for implementation of the Yakima Housing Authority Housing Program. *10. CONSIDERATION OF RESOLUTION DENYING APPEAL BY THOMAS KLOSTER OF THE HEARING EXAMINER'S DECISION ON THE CLASS 2 APPLICATION OF EPIC RESOLUTION NO. R -96 -124, A RESOLUTION denying the appeal by Thomas R. Kloster of the Hearing Examiner's Decision on the Class (2) Application of EPIC, for certain uses of property at 301 North Naches Avenue. *11. CONSIDERATION OF LEGISLATION RELATING TO REYNOLDS REZONE /APPEAL: A. RESOLUTION DENYING .:APPEAL -BY STEVEN AND CYNTHIA PAUL OF THE SEPA RESPONSIBLE OFFICIAL'S DECLARATION OF NON - SIGNIFICANCE RESOLUTION NO. R -96 -125, A RESOLUTION denying the appeal by Steven J. Paul and Cynthia Paul of the SEPA Responsible Official's Declaration of Non - Significance for the rezone and Class (2) approval requested by Robert J. Reynolds on behalf of Del. Matthews. B. ORDINANCE APPROVING REZONE REQUEST BY ROBERT REYNOLDS AND CLASS 2 USE ORDINANCE NO. 96 -64, AN ORDINANCE rezoning 10.23 acres in the vicinity of 4400 Powerhouse Road in Yakima, Washington, from Suburban Residential (SR) to Multi- Family Residential (R -3) and amending the zoning map of the Yakima Urban Area 1 II accordingly, and providing Class (2) approval of a 98 -unit mobile home park to be developed on the Subject Property. 4 150 SEPTEMBER 17, 1996 *12. CONSIDERATION OF RESOLUTION AUTHORIZING FILING OF APPLICATION TO FUND A HOMEOWNERSHIP ZONE (AN ECONOMIC DEVELOPMENT INITIATIVE) RESOLUTION NO. R -96 -126, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to file an application with the United States Department of Housing and Urban Development for funding a Homeownership Zone (an Economic Development Initiative) and a Section 108 Loan Guarantee. *13. CONSIDERATION OF RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS PERSONAL PROPERTY RESOLUTION NO. R -96 -127, A RESOLUTION authorizing the sale of surplus personal property owned by the City. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE FRUITVALE FIRE DISTRICT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES RESOLUTION NO. R -96 -128, A RESOLUTION authorizing the City Manager and City Clerk to execute an Agreement for Fire Protection and Emergency Medical Services with Yakima County Fire Protection District #10 (Fruitvale Fire District). *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH CH2M HILL FOR THE I -82 PROJECT RESOLUTION NO. R -96 -129, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an amendment, as provided in the existing, consultant agreement with CH2M Hill, Inc., to allow for the adjustment of the specific rates of pay for consultant services on the I- 82 /Gateway Project. *16. APPROVAL OF AUGUST REVENUE AND EXPENDITURE REPORT The August 1996 Revenue and Expenditure (Budget) Report was accepted. *17. CONSIDERATION OF LEGISLATION RELATING TO WATER /IRRIGATION ENGINEER POSITION A. RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING TO AMEND THE 1994 -1996 AFSCME COLLECTIVE BARGAINING AGREEMENT TO EXCLUDE THE WATER /IRRIGATION ENGINEER POSITION FROM THE BARGAINING UNIT RESOLUTION NO. R -96 -130, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to sign a Memorandum of Understanding amending the 1994 -1996 Collective Bargaining Agreement with the Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL -CIO, Council 2, Local 1122 as to the exclusion of the Water /Irrigation Engineer from the bargaining unit. 5 • SEPTEMBER 17, 1996 B. ORDINANCE AMEN_DING, CLASSIFICATION AND COMPENSATION PLAN ORDINANCE NO. 96 -65, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective October 20, 1996; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.100 D, 2.20.110 F, and 2.20.110 I, all of the City of Yakima Municipal Code. 18. EXECUTIVE SESSION REGARDING PENDING LITIGATION (TERRACE HEIGHTS /UNION GAP MEDIATION ,SETTLEMENT) It was MOVED BY SIMS, SECONDED BY BARNETT, TO MOVE INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION, WITH IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous voice vote. 19. OTHER BUSINESS This item was considered prior to Item No. 18. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPOINT PAM ALYMER.TO FILL THE CURRENT VACANCY ON THE BICYCLE /PEDESTRIAN ADVISORY COMMITTEE. The motion carried by unanimous voice vote. Mayor Buchanan felt a Council committee should be established to study the applications. Information Items: Items of information provided to Council were: Agenda for September 16, 1996 Yakima Greenway Foundation Board of Directors Meeting; Agenda :for, September 18, 1996 Yakima Urban Area Regional Planning Commission meeting; Meeting Notice and schedule of Public Workshops on Freshwater Aquatic Weeds Grants; Notice of Surface Water Quality in Washington State public workshops; Memorandum from. City Clerk regarding Bicycle /Pedestrian Advisory Committee Vacancy. 9/13/96; Letter from U.S. Department of Commerce, Bureau of the Census, regarding Census 2000 partnership with local communities. 9/11/96; Pertussis Alert from the Health District. 9/12/96; Memorandum from Legal Department regarding Damage Claims Referred to Third Party Claims Administrator. 9/5/96; and Assignments Pending in Office of Environmental Planning as of September 17, 1996. Items distributed on 9/17/96: Unsigned letter with Slice of Yakima article regarding Yakima Valley Museum. 9/10/96; Minutes of the July 11, 1996 Community Development Advisory Committee meeting; and Supplemental maps and figures omitted from Chapter four of the Environmental Assessment on Burlington Northern Santa Fe Corporation, Washington Central Railroad Company. 6 1:5 2 SEPTEMBER 17, 1996 20. ADJOURNMENT Following the conclusion of the Executive Session, the meeting adjourned at 3:40 p.m. • READ AND CERTIFIED ACCURATE BY: � dra ' Ll G � ieUNCIL MEMBER ' DATE • C• CIL MEMBER DATE / CITY CLERK / LYNN BUCHANAN, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are available in the City Clerk's Office 7