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HomeMy WebLinkAbout04/14/2026 Business MeetingYAKIMA CITY COUNCIL MINUTES April 14, 2026 City Hall — Council Chambers —129 N 2'd Street, Yakima, WA 5:30 PM City Council Regular Meeting — Conducted in person and virtually via Zoom. 1) Roll Call The meeting was called to order at 5:31 p.m. Present: Mayor Matt Brown, presiding; Assistant Mayor Reedy Berg and Councilmembers Patricia Byers, Rick Glenn, Felisa Gonzalez, Juliet Potrykus and Leo Roy (attending remotely via Zoom) Staff: City Manager Vicki Baker, City Attorney Sara Watkins and City Clerk Rosalinda Ibarra 2) Pledge of Allegiance Mayor Brown led the Pledge of Allegiance. 3) Interpreter Services Mayor Brown introduced Jorge Villasenor who announced interpreter services are available in Spanish. 4) Good of the Order 4.A Recognition of Davis High School girls' basketball team Mayor Brown recognized the Davis High School girls' basketball team for winning the 4A State Basketball Championship title and presented a certificate and a signed basketball to the team. Principal Heather Hastie and Coach Akil White thanked the Council for their recognition. 5) Public Comment Mark Peterson, City property owner, spoke about recent litigation against the City. 6) Council Reports None. 7) Consent Agenda Mayor Brown referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members present. Item B was removed from the Consent Agenda. 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: Berg moved and Byers seconded to approve the consent agenda. The motion carried by a 7-0 roll call vote. April 14, 2026 — Yakima City Council Meeting Minutes Page 1 of 7 7.A Resolution authorizing an agreement with Vertex Contracting LLC for Wide Hollow Creek Pedestrian Bridge Improvement Project 2587 RESOLUTION NO. R-2026-046, A RESOLUTION authorizing an agreement with Vertex Contracting LLC for the Wide Hollow Creek Pedestrian Bridge Improvement Project 2587. 7.B Resolution setting the dates and time for open cruising events on Yakima Avenue for the summer of 2026 This item was removed from the Consent Agenda Items Removed from the Consent Agenda 7.B) Resolution setting the dates and time for open cruising events on Yakima Avenue for the summer of 2026 Councilmember Byers stated her intent to discuss this further during budget discussions. MOTION: Byers moved and Berg seconded to approve Item 7.B. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2026-047, A RESOLUTION setting the dates and time for open cruising events on Yakima Avenue for the summer of 2026. 8) Public Hearings 8.A Closed record public hearing and Resolution to consider an appeal of a Certificate of Appropriateness for property at 2810 Barge Street Associate Planner Connor Kennedy briefed the Council on the Historic Preservation Commission's (HPC) decision regarding a Certificate of Appropriateness for property at 2810 Barge Street. The City Planning Division submitted an appeal due to an error resulting from an incomplete application. To correct this action, the Council is asked to grant the appeal and remand the application back to the HPC for additional review and issuance of a revised determination. He explained that the review is limited to the design of the structure to ensure it meets the historic character of the neighborhood; it is not for the land use itself because ADU's are permitted uses in residential zones. Mayor Brown stated this is a closed record hearing and testimony will be limited to the record regarding the appeal of a Certificate of Appropriateness for property at 2810 Barge Street. Mayor Brown 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 members 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? Councilmembers Potrykus and Glenn answered in the affirmative. It was Council consensus to allow Councilmember Potrykus to participate and allow Councilmember Glenn to recuse himself from voting. April 14, 2026 — Yakima City Council Meeting Minutes Page 2 of 7 Mayor Brown asked if anyone wished to challenge any Council member's participation in this application on appearance of fairness grounds? No one from the audience or on Zoom spoke to the issue. Mayor Brown opened the public hearing. The following community members came forward to provide testimony: Scott King, project contractor, spoke in support of the project. Todd Fisher and Jim Dobbie spoke in opposition to the project. With no one else coming forward or calling in to speak, Mayor Brown closed the public hearing. The City Clerk read the resolution by title only. After Council deliberation, MOTION: Byers moved and Potrykus seconded to approve the appeal [adopt the resolution]. The motion carried by a 6-0 roll call vote; Glenn recused from vote. RESOLUTION NO. R-2026-048, A RESOLUTION of the City Council of the City of Yakima, Washington, granting the City's appeal and remanding the Historic Preservation Commission's Type II decision approving a certificate of appropriateness (HPR#006-25) for a detached accessory dwelling unit at 2810 Barge Street for further proceedings. 8.B Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the master planned development and subdivision for the Plat of Johnston Estates Planning Manager Trevor Martin and Senior Planner Jason Radtke briefed the Council on the Hearing Examiner's recommendation regarding the master planned development and subdivision for the Plat of Johnston Estates, located at 5405 Summitview Avenue. The proposal would subdivide approximately 4.85 acres into 29 lots and 3 tracts. Twenty-eight lots will be residential common -wall units and one lot is planned for a commercial/retail establishment. Mayor Brown stated this is a closed record hearing and testimony will be limited to the record regarding the master planned development and subdivision for the Plat of Johnston Estates. Mayor Brown 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 Brown asked if anyone wished to challenge any Council member's participation in this application on appearance of fairness grounds? No one from the audience or on Zoom spoke to the issue. April 14, 2026 —Yakima City Council Meeting Minutes Page 3 of 7 Mayor Brown opened the public hearing. The following community members came forward to provide testimony: Bill Hordan, City resident, spoke on behalf of the developer and in support of the proposal. With no one else coming forward or calling in to speak, Mayor Brown closed the public hearing. The City Clerk read the resolution by title only. After Council deliberation, MOTION: Berg moved and Glenn seconded pass the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2026-049, A RESOLUTION approving the Master Planned Development of Plat of Johnston Estates and authorizing and directing the City Manager to execute a Development Agreement with Eglin & Eglin LLC (herein after "Developer") to provide for the terms and conditions of development of a preliminary long plat and planned development to be located at 5405 Summitview Ave., in the City of Yakima. 9) Department Items 9.A First Tee Expression of Interest to Lease and Operate Fisher Park Golf Course Assistant City Manager Gary Ballew presented information on current operations of Fisher Park Golf Course noting 2025 revenues of $246,000 and expenses of $253,000. He described First Tee of Central Washington's expressed interest in Fisher Park and guideposts developed to assess the feasibility of another organization leasing and operating Fisher Park Golf Course. Mr. Ballew further described what a potential Request for Proposal process may include. Parks and Recreation Manager Ken Wilkinson and Megan Nobbs, Executive Director of First Tee Central Washington, noted the services that each agency can provide. After Council discussion, MOTION: Glenn moved and Roy seconded to go forward with the proposal to request funding proposals for allowing a private entity to operate Fisher Park. The motion carried by 5-2 vote; with Brown and Byers voting no. 9.B Licensing Discussion - Non -Profits and Regulatory Licenses Assistant City Manager Gary Ballow provided responses related to follow-up questions from Council regarding business and regulatory licensing in the City of Yakima. The information included the number of non-profit organizations, regulatory licensing revenue, Department of Revenue system costs, and impact on businesses with 30 or more employees. Mr. Ballew stated there are 247 non -profits endorsed in the city and noted that after further review religious organizations cannot be exempt. There is a total of 328 regulatory licenses with an approximate revenue of $16,497; approximately 154 regulatory licenses are recommended for elimination resulting in $6,094 revenue loss. Regarding businesses with over 30 employees, staff recommended that Council consider a cap on employee count at 120 employees. It was Council consensus to maintain the current regulatory license fees while a full review analysis is conducted, keep the exemption for nonprofits, and cap the number of employees at 120. April 14, 2026 — Yakima City Council Meeting Minutes Page 4 of 7 ill 9.C Ordinance adding Section 6.08.210, Endangerment with a Controlled Substance, to the Yakima Municipal Code City Attorney Sara Watkins briefed the Council on the proposed ordinance, making it a gross misdemeanor crime to endanger a child by knowingly or recklessly exposing a child to a controlled substance. The ordinance excepts from violation any controlled substance provided pursuant to a valid medical prescription. The City Clerk read the ordinance by title only. MOTION: Potrykus moved and Byers seconded to pass the ordinance. The motion carried by a 7-0 roll call vote. ORDINANCE NO. 2026-013, AN ORDINANCE adding Section 6.08.210, Endangerment with a Controlled Substance, to the Yakima Municipal Code. 9.D Proposed 3% Utility Tax Acting Director of Finance and Budget Gary Ballew provided a presentation for each ordinance related to increasing the utility tax rate, identified as Item 9E, Item 9F, Item 9G, and Item 9H on the agenda. The impacted utilities include water business tax, water and wastewater tax, refuse tax, and stormwater tax which would generate approximately $600,000 per every 1% of tax imposed, sufficient to fund Fire Station 92. The current utility tax rates are set at 21 % for water, 21% for wastewater, 21% for refuse (5% is allocated to Clean Cities), 21% for stormwater (5% is allocated to pools), and 20% for private water. The proposed ordinances would increase the current tax rate to 24% for each utility described. Council discussed the equitability of imposing either a utility tax or a property tax. MOTION: Glenn moved and Potrykus seconded to pass all four ordinances. The motion failed by a 4-3 roll call vote due to the lack of a minimum affirmative vote of five members as required by the Yakima City Charter; Berg, Byers, and Gonzalez voting no. After amendments and debate, the final version of the motion was considered. FINAL AMENDED MOTION: Potrykus moved and Byers seconded to adopt the 3% utility taxes with a contingency that if a County -wide EMS levy of 50 cents per $1,000 were to pass, that the City would sunset the utility tax upon receipt of those funds. The motion carried with a 6-1 roll call vote; with Gonzalez voting no. The motion applies to the ordinances included in Item 9E, Item 9F, Item 9G, and Item 9H of the agenda. 9.E Ordinance amending the Yakima Municipal Code Section 5.50.060 Water Business tax, adding a 4% utility tax The City Clerk read the ordinance by title only. ORDINANCE NO. 2026-014, AN ORDINANCE amending the City of Yakima Municipal Code Section 5.50.060: Water businesses. 9.F Ordinance amending the Yakima Municipal Code Section 7.64.020 Water and Wastewater tax adding a 3% utility tax The City Clerk read the ordinance by title only. ORDINANCE NO. 2026-015, AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.020 Water and Wastewater tax. April 14, 2026 —Yakima City Council Meeting Minutes Page 5 of 7 171 9.G Ordinance amending the Yakima Municipal Code Section 7.64.030 Refuse tax, adding a 3% utility tax The City Clerk read the ordinance by title only. ORDINANCE NO. 2026-016, AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.030 Refuse Tax. 9.H Ordinance amending the Yakima Municipal Code Section 7.64.040 Stormwater tax, adding 3% utility tax The City Clerk read the ordinance by title only. ORDINANCE NO. 2026-017, AN ORDINANCE amending the City of Yakima Municipal Code Section 7.64.040 Stormwater tax. 9.1 City Council Code of Ethics and Principles of Conduct MOTION: Byers moved and Glenn seconded to table this discussion to sometime in May. The motion carried by unanimous vote. 10) Council Open Discussion MOTION: Glenn moved and Brown seconded to have a future discussion about utility billing practices. The motion carried by unanimous vote. MOTION: Byers moved and Berg seconded to add the National Day of Prayer proclamation to be read and approved at the May 5 meeting. The motion carried by unanimous vote. MOTION: Byers moved and Brown seconded to read and approve the submitted letter regarding KIMA-TV appreciation to be read at the April 21 meeting. The motion carried by unanimous vote. Mayor Brown provided feedback from the development community and business owners about economic development efforts. Councilmember Gonzalez acknowledged the City Clerk's work during Council meetings. 11) City Manager Update 11.A Preview of upcoming topics City Manager Vicki Baker expressed appreciation to staff involved in the reopening of Lions Pool as requested by Council. She provided an update on the status of Franklin Pool's leak detection and repair. Ms. Baker clarified details about the City's budget projections, reserve funds and one-time monies, emphasizing the City's transparency and honesty in the use of taxpayer dollars. Upcoming topics include: the YPD Police Explorers program, Public Safety updates, master fee schedule, and amendments to the Municipal Code. 12) Other Business Mayor Brown requested an update on solutions related to bathrooms in City parks. MOTION: Berg moved and Brown seconded to direct the City Manager to immediately initiate procurement of Franklin Pool leak repair services using the small works roster process under RCW 39.04.152 and RCW 35.22.620(7) with April 14, 2026 - Yakima City Council Meeting Minutes Page 6 of 7 I Franklin Pool to be open and operational by June 15th and to report back to Council within 7-21 days with a contractor, scope, cost estimate, and a project timeline The motion carried with a 5-2 roll call vote; Byers and Glenn voting no. 13) Adjournment MOTION: Glenn moved and Byers seconded to adjourn to the next City Council regular meeting on April 21, 2026, at 5:30 p.m. in the City Hall Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 9:21 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: n L'1IW&&14a:1:l MAYOR April 14, 2026 — Yakima City Council Meeting Minutes Page 7 of 7