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HomeMy WebLinkAbout02/04/2025 Business Meeting475 YAKIMA CITY COUNCIL MINUTES February 4, 2025 City Hall Council Chambers -129 N 2nd Street, Yakima, WA 5:30 PM City Council Regular Meeting — Conducted in person and virtually via Zoom. Roll Call Present: Mayor Patricia Byers, presiding; Assistant Mayor Matt Brown and Councilmembers Reedy Berg, Janice Deccio, Rick Glenn, Danny Herrera and Leo Roy Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda lbarra 2. Pledge of Allegiance Mayor Byers led the Pledge of Allegiance. 3. Interpreter Services Mayor Byers introduced Jorge Villasenor who announced interpreter services are available in Spanish. 4. Public Comment Gale Smart, Yakima resident, made remarks in support of farmworkers and on behalf of the undocumented and immigrant community. Andrew Reyes, City resident, spoke about several matters. Mireya Chavez and Anselmo Mendoza, introduced students from La Casa Hogar who are learning about local government and are in the process of obtaining their citizenship. Patricia Hoendermis, spoke in support of the pool however, expressed concern about the future maintenance costs. Mark Peterson, Yakima County resident and downtown business owner, commented about an assault he experienced downtown. He posted the video on Facebook which generated a lot of comments regarding lack of safety and security in the community. Joe Daniels, City resident, read a religious passage. Tony Courcy, City resident, spoke on several matters.: 5. Open Discussion for the Good of the Order A. Recognition of Royale Schneider for 25 years of service Director of Human Resources Connie Mendoza recognized Royale Schneider for 25 years of service to the City of Yakima. February 4, 2025 — Yakima City Council Meeting Minutes Page 1 of 7 476 Administration of Oath of Office to Police Chief Shawn Boyle City Clerk Rosalinda Ibarra administered the Oath of Office to newly appointed Police Chief Shawn Boyle. Chief Rex Ingram, Police Chief of Caldwell, ID; and Yakima County Sherriff Bob Udell, spoke in support of Chief Boyle's promotion. Chief Boyle expressed appreciation and addressed the community regarding partnerships, safety, transparency and communication. Councilmembers praised Chief Boyle for his positive reputation around the community. 6. Council Reports A. Council Discussion of Home Occupations Planning Manager Trevor Martin provided information about home occupation permitted uses in the City of Yakima. Assistant Mayor Brown shared suggestions to streamline Chapter 15.04.120: Home Occupations. After Council discussion, MOTION: Brown moved and Deccio seconded to send the proposed changes discussed to the Planning Commission to include in a future comp plan discussion. The motion carried by unanimous vote. Consent Agenda Mayor Byers referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) MOTION: Brown moved and Deccio seconded to approve the consent agenda as read. The motion carried by a 7-0 roll call vote. A. Approval of minutes from the January 21, 2025 City Council regular meeting B. Resolution setting date of February 18, 2025 to amend the Six -Year Transportation Improvement Program and amend the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan for the period of 2025-2030 RESOLUTION NO. R-2025-022, A RESOLUTION setting the time and place for a hearing on February 18, 2025 to review and adopt the amended Six -year Transportation Improvement Program and amend the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan for the period of 2025-2030. C. Resolution authorizing a contract with Iron Horse, LLC for CIPP Rehabilitation of the Rudkin Road Trunk Sewer Main Project SC2819 RESOLUTION NO. R-2025-023, A RESOLUTION authorizing a contract with Iron Horse, LLC for Project SC2819 CIPP Rehabilitation of the Rudkin Road Trunk Sewer Main. February 4, 2025 — Yakima City Council Meeting Minutes Page 2 of 7 477 D. Resolution authorizing Task Order 2025-01 with HLA Engineering and Land Surveying, Inc. to provide engineering services for Yakima Arboretum Force Main Rehabilitation Project SC2819 RESOLUTION NO. R-2025-024, A RESOLUTION authorizing Task Order 2025-01 with HLA Engineering and Land Surveying, Inc. to provide engineering services for Project SC2819 Yakima Arboretum Force Main Rehabilitation. E. Resolution authorizing acceptance and execution of a grant program agreement with the Washington State Transportation Improvement Board for the 72"d Avenue and W. Washington Avenue Roundabout Project 2517 RESOLUTION NO. R-2025-025, A RESOLUTION authorizing acceptance and execution of a grant program agreement with the Washington State Transportation Improvement Board for the 72nd Avenue and W. Washington Avenue Roundabout Project 2517. F. Resolution authorizing acceptance of 2024 City Safety Program HSIP award with the Washington State Department of Transportation for the E. Nob Hill Blvd. and S. 18th St. Safety Improvements Project 2843 RESOLUTION NO. R-2025-026, A RESOLUTION authorizing acceptance of 2024 City Safety Program HSIP award with the Washington State Department of Transportation for the E. Nob Hill Blvd. and S. 18th St. Safety Improvements Project 2843. G. Ordinance to create a fund to account for Aquatics Facilities Revenue (Second Reading) ORDINANCE NO. 2025-001, AN ORDINANCE authorizing the establishment of a Special Revenue Fund 133 "Aquatics Facilities Fund"; specifying sources of revenue for such fund; and designating the purposes of and the manner of authorizing expenditures from such fund. 8. Public Hearings A. Public Hearing to consider: A) Resolution adopting the amended Six -Year Transportation Improvement Program for the period of 2025-2030, and to amend the Transportation Systems Plan 2040; and B) Resolution amending the Yakima Urban Area Comprehensive Plan Capital Facilities Element Acting City Engineer Bill Preston briefed Council on the public hearing regarding the Six -Year Transportation Improvement Program (TIP). Mayor Byers opened the public hearing and with no one coming forward or calling in to speak, Mayor Byers closed the public hearing. The City Clerk read both resolutions by title only. MOTION: Brown moved and Deccio seconded to adopt both resolutions. The motion carried by 7-0 roll call vote. RESOLUTION NO. R-2025-027, A RESOLUTION amending the adopted Six -Year Transportation Improvement Program (TIP) for the period of 2025 through 2030 and amending the Transportation Systems Plan 2040. RESOLUTION NO. R-2025-028, A RESOLUTION amending the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the amended Six -Year Transportation Improvement Program (TIP) for the period of 2025 through 2030. February 4, 2025 - Yakima City Council Meeting Minutes Page 3 of 7 478 B. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of "Aspen Estates Phase 3" submitted by HLA Engineering and Land Surveying, Inc., located at 5903 Walla Walla Street Senior Planner Eric Crowell introduced this item and briefed Council on the Hearing Examiner's recommendation. Mayor Byers stated this is a closed record hearing and testimony will be limited to the record regarding the preliminary plat. Mayor Byers administered the Appearance of Fairness Doctrine. Each Councilmember answered negatively or affirmatively to the following questions: 1. Do you have any interest in the property or the application, or do you own property within 300 feet of the property subject to the application? All Councilmembers responded they did not. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of this proposal? The response from Council members was no. 3. Can you hear and consider the application in a fair and objective manner, without bias? All Council members stated they could. 4. Have you had any ex parte communications with the Applicants, or anyone else, regarding this application? All Council members responded no. Mayor Byers asked if anyone wished to challenge any Council member's participation in this application on appearance of fairness grounds? No one spoke to the issue. Mayor Byers opened the public hearing. Joseph Calhoun, HLA Engineering on behalf of developer, spoke in support of the project and offered to answer any questions. With no one else coming forward or calling in to speak, Mayor Byers closed the public hearing. The City Clerk read the resolution by title only. MOTION: Brown moved and Deccio seconded to affirm the decision of the Hearing Examiner and adopt the resolution. The motion carried by 7-0 roll call vote. RESOLUTION NO. R-2025-029, A RESOLUTION approving the Preliminary Long Plat of Aspen Estates Phase 3, a 15-lot subdivision, located at 5903 Walla Walla St. C. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of "Occidental Place" submitted by HLA Engineering and Land Surveying, Inc., 9206 Occidental Road Planning Manager Trevor Martin introduced this item and briefed Council on the proposal. Mr. Martin explained that due to a mapping error the soil sampling condition in the Hearing Examiner's recommendation is not necessary. He requested that Council approve the preliminary plat with a modification to remove condition B from the Hearing Examiner's recommendation. February 4, 2025 - Yakima City Council Meeting Minutes Page 4 of 7 479 Mayor Byers stated this is a closed record hearing and testimony will be limited to the record regarding the preliminary plat. Mayor Byers administered the Appearance of Fairness Doctrine. Each Councilmember answered negatively or affirmatively to the following questions: 1. Do you have any interest in the property or the application, or do you own property within 300 feet of the property subject to the application? All Councilmembers responded they did not. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of this proposal? The response from Council members was no. 3. Can you hear and consider the application in a fair and objective manner, without bias? All Council members stated they could. 4. Have you had any ex parte communications with the Applicants, or anyone else, regarding this application? All Council members responded no. Mayor Byers asked if anyone wished to challenge any Council member's participation in this application on appearance of fairness grounds? No one spoke to the issue. Mayor Byers opened the public hearing. Joseph Calhoun, HLA Engineering on behalf of developer, spoke in support of the project and eliminating condition B. With no one else coming forward or calling in to speak, Mayor Byers closed the public hearing. The City Clerk read the resolution by title only. MOTION: Brown moved and Deccio seconded to affirm the decision of the Hearing Examiner and adopt the resolution with modifications to eliminate item B. The motion carried by 7-0 roll call vote. RESOLUTION NO. R-2025-030, A RESOLUTION approving the Preliminary Long Plat of Occidental Place, a 12-lot common -wall subdivision, located at 9206 Occidental Place. Public hearing and Resolution to consider the Hearing Examiner's recommendation regarding a right-of-way petition for Ted Palmatier and deny the request to vacate a portion of N. 68th Ave. between Englewood Ave. and Scenic Drive Planning Manager Trevor Martin introduced this item and briefed Council on the Hearing Examiner's recommendation. Mayor Byers opened the public hearing. Jeff Peters, PLSA Engineering on behalf of Tom Durant (engineer of record), representing the community and Mr. Palmatier, spoke in favor of the project and read a statement from Tom Durant addressing community concerns. Ted Palmatier and Dr. Barry Bernfeld, Yakima residents, spoke in favor of the right-of- way petition and expressed concerns about the safety of the area. February 4, 2025 — Yakima City Council Meeting Minutes Page 5 of 7 480 Jeanna Hernandez, City resident, spoke in opposition and urged Council to deny the right -of way -vacation petition. With no one else coming forward or calling in to speak, Mayor Byers closed the public hearing. The City Clerk read the resolution by title only. After extensive Council deliberation, MOTION: Glenn moved and Berg seconded to adopt the resolution as recommended by the Hearing Examiner. The motion carried by 5-2 roll call vote; Brown and Deccio voting no. RESOLUTION NO. R-2025-031, A RESOLUTION relating to land use; denying vacating a portion of N. 68th Ave. between Englewood Ave. and Scenic Dr. in the City of Yakima, Washington. 9. Department Items A. Ordinance allocating the 5% stormwater utility tax increase for all pool operations Parks and Recreation Manager Ken Wilkinson briefed the Council on the proposed ordinance to allow the allocation of 5% of the Stormwater In -Lieu Tax collected to the Aquatics Facilities Fund. The funds generated would pay for operational expenses associated with the City's various aquatic facilities. The City Clerk read the ordinance by title only. MOTION: Brown moved and Deccio seconded to pass the ordinance. The motion carried by a 6-1 roll call vote; with Berg voting no. ORDINANCE NO. 2025-002, AN ORDINANCE amending the City of Yakima Municipal Code Section 3.131.010, Aquatic Facilities Fund. B. Discussion of the billing of non-residents for use of emergency fire and police services In response to Council's request about billing non-residents for the use of emergency fire and police services, Yakima Police Lieutenant Ira Cavin provided a presentation regarding DUI emergency response expense and cost recovery authorized pursuant to RCW 38.52.430. The statute allows public agencies to recover the reasonable costs of an emergency response to an incident involving any person operating vehicles under the influence of intoxicants, limited to $2,500 per incident. Currently, the Yakima Police Department is utilizing this cost recovery method regularly, but it could also be expanded to include the Fire Department and Public Works in certain circumstances. And while the Prosecutor's Office, the Courts, Finance Department, and Corrections are also involved in the process, they are not eligible for cost recovery of their services. Senior Assistant City Attorney Ryan Bleek explained that there isn't any statutory support that allows charging non-residents separately for emergency services received in Washington state. The Council expressed appreciation for the information. February 4, 2025 — Yakima City Council Meeting Minutes Page 6 of 7 481 10. City Manager Update City Manager Baker encouraged Council to monitor state legislative sessions and actions, particularly HB1428 designed to assist cities with public safety costs. 11. Other Business MOTION: Brown moved and Glenn seconded to direct staff to bring back to the next Council business meeting a change to Yakima Municipal Code Section 7.92, the Affordable Housing Incentive Program, which adopts the state statute requirements, which are broader than the current ordinance language. The motion carried by unanimous vote. 12. Adjournment MOTION: Brown moved and Deccio seconded to adjourn to the next City Council study session on February 11, 2025, at 5:00 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjo . - • t 8:06 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: DATE February 4, 2025 — Yakima City Council Meeting Minutes Page 7 of 7