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Home My WebLink About02/20/2018 Business Meeting/Executive Session255 YAKIMA CITY COUNCIL February 20, 2018 City Hall -- Council Chambers 5:00 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending and prospective litigation Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White MOTION: Gutierrez moved and Mendez seconded to adjourn to an Executive Session regarding pending and prospective litigation for up to one hour. The motion carried by unanimous vote. Executive Session was held and adjourned at 6 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White Staff: City Manager Moore, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. 3. Interpreter Services Mayor Coffey introduced Jorge Villasenor who announced interpreter services are available. 4. Open Discussion for the Good of the Order A. Presentations / Recognitions / Introductions i. 2017 Sundome Annual Report State Fair Park Assistant General Manager Greg Lybeck introduced Anne Moneymaker, Sales and Marketing Manager, who presented the 2017 Sundome Annual Report. ii. Recognition of retiring Deputy Fire Chief Mark Soptich Fire Chief Bob Stewart recognized retiring Deputy Fire Chief Mark Soptich for his five years of service. Page 1 of 8 256 iii. Recognition of retiring Fire Chief Bob Stewart City Manager Moore recognized retiring Fire Chief Bob Stewart for his 30 years of service to the City of Yakima. B. Appointments to Boards, Commissions and Council Committees i. Appointments to Boards & Committees Council Member Mendez stated she was elected as Chair of the Council Partnership Committee, which reviewed applications for several Boards & Committees at the recent meeting. MOTION: Cousens moved and Funk seconded to appoint the following members: Yakima Housing Authority Bob Ponti Linda Chaplin Orozco Hotel/Motel — Tourist Promotion Area Sara Allen Lisa Vallejo Sydney Taylor Pons Lodging Tax Advisory Committee John Cooper Greg Lybeck Sara Davila Bike/Ped Paul Cook Community Integration Maria del Rocio Carrion Estrada Laura Armstrong Sandra Aguilar Dori Peralta Baker Wyatt Kanyer Kyle Curtis Chad Stover Brenda Badillo — Youth Member Brenda Torres Salcedo — Youth Member Historic Preservation Commission Alixanne Pinkerton The motion carried by unanimous vote. Council Member Mendez noted they will be interviewing for the Community Review Board and Planning Commission in the near future. 5. Council Reports A. Update of Strategic Planning Process Assistant City Manager Cortez briefed Council on the Strategic Planning process and stated Page 2 of 8 257 retired Assistant City Attorney Mark Kunkler has agreed to be the pro bono facilitatorfor this process. It was Council consensus to discuss this plan in more depth at the Study Session scheduled for tomorrow and to have Mr. Kunkler attend. 6. Consent Agenda Mayor Coffey 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: Gutierrez moved and Cousens seconded to approve the consent The motion carried by unanimous vote. A. Approve payment of disbursementfor the period January 1-81.201O B. Approval ofthe minutes from the January 2and 18.2O18.and February 6, 2O1O.City Council Business meetings; January 11and February 1.2O18.City Council Briefings; January 9, 2018 and February 5, 2018, City Council study sessions and February 6, 2018, City Council Special meeting C. O. Project completion and contact acceptance for Granite Construction Company - 2017 Pavement Repair Project(ShondardModonV-B-Anoop1thep ject and approve) Resolution authorizing lease agreement with the City of Tieton and Yakima Tieton Irrigation District to lease 30 shares of Yakima Tieton Irrigation District water to the Town of Tieton for the water year 2018 RESOLUTION NO. R-2018-016, A RESOLUTION authorizing the City Manager to execute the attached and incorporated lease agreement with the City of Tieton and Yakima-Tieton Irrigation District to lease 30 shares of YakimaTiaton Irrigation District water to the Town of Tieton for the water year 2018. E. Resolution authorizing execution of Addendum 4 to the Engineering and Consulting Services Agreement with Golder Associates, Inc. 2011-085 for $103,550 to complete permitting efforts for the Naches River Water Treatment Plant Intake Project RESOLUTION NO. R-2018-017, A RESOLUTION authorizing execution of addendum 4 to the engineering and consulting services agreement with Golder Associates, Inc. 2011-085 for $103,550 to complete Permitting efforts for the Naches River Water Treatment Plant Intake Project. F. Resolution authorizing an agreement with HLA Engineering and Land Suing. Inc. to provide engineering services together with Task Order 2018-01 for water main replacement on Hathaway Street RESOLUTION NO. R-2018-018, A RESOLUTION authorizing a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services to provide engineering services together with Task Order 2018-01 for water main replacement on Hathaway Street. Page 3 of 8 258 G. Resolution authorizing an Airport Lease Agreement with McCormick Aircraft Hangars, LLC, for property south of 2810 West Washington Avenue RESOLUTION NO. R-2018-019, A RESOLUTION executing an Airport Lease Agreement with Robert E. McCormick dba McCormick Aircraft Hangars, LLC, for property south of 2810 West Washington Avenue. H. Resolution authorizing a Right -of -Way Use Permit for a fire escape that projects up to 4 feet 4.5 inches into the right-of-way on the east elevation of the building at 105 S. 1st St. RESOLUTION NO. R-2018-020, A RESOLUTION authorizing issuance of a right-of-way use permit to allow the construction of a fire escape at 105 S. 1st St. 7. Public Comment None. PUBLIC HEARINGS 8. First public input meeting on the 2017 Consolidated Annual Performance Evaluation Report (CAPER) ONDS Manager Matthews briefed Council on the public input meeting. Mayor Coffey opened the public meeting and, with no one coming forward to speak, closed the hearing. Mayor Coffey stated there is no action necessary at this time as this item will be brought back at the March 20, 2018, Council meeting for a final public meeting. 9. Public Hearing and Resolution declaring certain property originally part of Drainage Improvement District #48 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends Chief Engineer Sheffield briefed Council on the item. Mayor Coffey opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Mendez seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2018-021, A RESOLUTION declaring certain property originally part of Drainage Improvement District #48 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends. 10. Public meeting and resolution to consider the final plat approval of Rainier Court located at 8911 Summitview Avenue Trevor Martin, Associate Planner, briefed Council on the resolution. Mayor Coffey opened the public hearing and, with no one coming forward to speak, closed the Page 4 of 8 hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Mendez seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2018-022, A RESOLUTION approvingthe final plat of Rainier Court and authorizing the Mayor to sign the final plat. 11. Closed record hearing to consider an appeal of the Hearing Examiner's decision regarding a proposed 80 -unit affordable housing community known as Bicycle Apartments LLC Mayor Coffey stated this item is a closed record hearing, which means that no new evidence can be submitted during the hearing. Only evidence that was put into the record can be discussed, and this is an appeal of the Hearing Examiner's decision. The Council is sitting as an appellate body, not as finders of fact and the issue before Council is whether the Hearing Examiner erred in his determination, based on the facts in the record and the Yakima Municipal Code. Mayor Coffey reported this is a quudicial hearing and as such, the Appearance of Fairness Doctrine controls. Mayor Coffey asked each Council member to answer affirmatively or negatively to the foliowing 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 Council members stated no. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of the appeal? All Council members stated no. 3. Can you hear and consider the application in a fair and objective manner and without bias? All Council members stated yes. 4. Have you had any ex parte communications with any appellant (Attorney James Adams, Lynn Mothe.David Mahoney, Robert Viokens.Bradley Tew.Tina Martinez nrany oftheir spouses) or respondent (anyone from Next Step Housing or their representatives)? If so, please place on the record the substance of your communications so that interested parties have the opportunity to rebut the communications. All Council members stated no. Mayor Coffey asked if anyone wished to challenge any council member's participation in this appeal on appearance of fairness grounds. There were no challenges. Mayor Coffey outlined how the hearing will be conducted, starting with a staff report. Joseph Calhoun, Planning Manager, stated this appeaconcerns an application submitted by Next Step Housing for property located at 118 N 50th Avenue in the Profession Business (B-1) zoning district. The proposal is for an 80 -unit affordable housing community consisting of five 3 -story buildings with 120 parking spaces on the currently vacant 2.98 acre parcel. The proposed development is a Class (2) Use and will require a Type 2 and Environmental Review. After additional information was provided by Mr. Calhoun, MOTION: Gutierrez moved and Cousens seconded to aI!ow up to 30 minutes for the nt and respondent to give presentations. The motion carried by a unanimous vote. MOTION: Cousens moved and Gutierrez seconded bmset af0minute time limit for rebuttals. The motion carried by a unanimous vote. Mayor Coffey opened the public hearing (comments are summarized). Page 5 of 8 259 �� James Adams stated he represents several land owners in the area, and he feels the real issue is whether the scope of this project project overburdens 5Oth Avenue. He believes the Hearing Examiner failed in his duty to properly consider all aspects of this pject.K8cAdama referenced the aerial photos and stated the Hearing Examiner did not take into account the impact of traffic on N. 50th Avenue, nor the more than 550 roundtrips anticipated per day by the occupants of this pject. He also reported the traffic study was completed before a nearby school was opened and does not account for the added impact of school traffic. The nearby businesses rely on the on -street parking for their employees and customers, and this project will completely displace their parking in addition to the parking for those who live there. He stated the City's response to the parking issue was to say that if traffic becomes a problem, then they would restrict the on -street parking. This will have a negative impact on the local businesses, creating more parking issues. The Hearing Examiner recognized this problem when he proposed that if and when it becomes a problem, the applicant would open its parking lot to the people who normally park on the street. Mr. Adams and his clients feel this project is not compatible with the neighborhood, and the Hearing Examiner made an arbitrary and capricious decision to suggest that it is. Mr. Adams requests that the Council reduce the size of the project to something more compatible with this noighborhood, and at the very least, remand the issue back to the Hearing Examiner for purposes of addressing traffic on N. 50th Avenue. Mr. Adams also feels the City's grant of $500,000 for this project is a violation of the Appearance of Fairness Doctrine, Mayor Coffey asked about the grant. City Manager Moore noted the funding is from the federal government for low-income housing and the City will not obligate the money until the appeal process is over. If this project is not approved, it will be reinvested in another project. Tom Lovell, City resident and President of Chestnut Grove Homeowners Association Iocated directly south of this project, stated the City's traffic engineers put out a document indicating that narrower streets have slower traffic, which would help this area, but Mr. Lovell believes narrower streets would create additional traffic pressure in the neighborhood. David Mahoney, City resident, stated he owns property across fromthe development area and he feels the increased traffic will adversely affect the neighborhood. He believes an option would be to widen the street, which should be the responsibility of the project owners. Dorothy Edgerton, City resident, shared her disaintment in this hearing process. She feels this project will adversely affect the neighborhood. Debby K4organ, business owner, shared her concerns over the traffic impact to the businesses and neighborhood. David BelzerCity resident, questioned the results of the traffic study and feels the traffic impacts on the neighborhood from this project are too great. Respondent, Glenn Amster, Kantor Taylor Law Firm, reported he represents the Bicycle Apartments and stated he has two objectives. First, he realizes the Hearing Examiner has determined the contingent condition is moot, as he (Mr. Amster) objected to the contingency and there was no counter to that objection. However, Mr. Amster needs written documentation from Council for lenders and bond counsel, etc. acknowledging that the contingency condition is irrelevant. Second, Mr. Amster stated with respect to the traffic on North 50th Avenue, there was a traffic report which included this information published two months before the City's decision. The report was accepted by the City's Chief Engineer and Traffic Operations Manager, In terms of a parking issue, Mr. Amster noted it's hard to comprehend how business Page 6 of 8 �� K� � owners who have not provided adequate parking for their employees and customers are now blaming a new proposal for that lack, when the proposal itself will provide at least twice as much parking as the demand would suggest. He indicated the traffic report does have traffic numbers for N. 50th Avenue during peak hours, as well as general daily volume, and it doesn't overburden the street system, and the appellants did not provide evidence that shows anything different. With respect to the contingency, he thinks the Hearing Examiner was trying to anticipate the City removing parking from the street which is speculative and there is no support for that, which is why he (Mr. Amster) objected to it and why he asks Council to make a specific finding that it is not appropriate, He stated there will be on increase in traffio, as there would be for any project proposed for this vacant piece of property. He also stated there is no evidence that the school opening in the area will unreasonably burden N. 50th Avenue or that this proposal would cause that capacity to be exceeded. He urged Council to affirm the Hearing Examiner's decision. In his rebuttal, Mr. Adams stated the traffic study didn't say anything about N, 5Oth Avenue and the Hearing Examiner did not address the impact of the recently opened school in the neighborhood, which is why he feels the Hearing Examiner's decision is without basis. He stated in the Hearing Examiner's decision the traffic study by the applicant did not talk about the level of service on N. 50th Avenue and acknowledged that no one has studied the parking on both sides of the street with the new school. He stated his clients feel full consideration was not given b}the traffic impact onN.5DthAvenue ofthis project. Mayor Coffey closed the hearing. Council Member Funk stated she would like to assure the public that Council read the testimony at Iength and with concern. MOTION:�d��m.��r��mo*s��a��m�� to Executive ' ' Session to hold deliberetions for up to 30 minutes per RCW 42.30.140(2). The motion carried by unanimous vote. Executive Session was held and adjourned at 8:15 p.m. MOTION: Funk moved and Cousens seconded that the Hearing Examiner's Decision has acontingent condition on page AA 27 #4. This has been appealed by Next Step Housing and is not contested. This is considered void and is no Ionger part of the decision being considered. The motion carried by unanimous vote. MOTION: Cousens moved and Funk seconded to affirm and uphold the Hearing Examiners decision. The motion carried by unanimous vote. Council members stated the Council recognizes this is a contentious and emotional issue; however, the appeal is limited in scope to the traffic impact on N. 50th Avenue. Council Member Cnusenastated ifthere are any traffioconcerns toplease bring those concerns tothe Council Public Safety Committee. 12. Other Business Council Member Cousens suggested adding the homeless issue to the Councils next agenda. Council Member Hill stated as the Council's representative on the Yakima Valley Conference of Governments (YVCOG) Board that he will report back to Council on their efforts regarding the homeless. He noted YVCOG is planning to utilize tiny home funds to extend the homeless shelter currently in place. Mayor Coffey reported she and, Council Member Mendez attended a meeting with the YMCA and there is another meeting scheduled for Friday. She recommends that she, Assistant Mayor Gutierrez and Council Member Mendez continue representing the Council in these meetings Page 7 of 8 262 MOTION: Mendez moved and Funk seconded to have Gutierrez, Coffey and Mendez attend the YMCA meetings. The motion carried by unanimous vote. City Manager Moore reported on Public Safety Forums to be held this week and next. 13. Adjournment MOTION: Gutierrez moved and Mendez seconded to adjourn to a City Council Study Session on February 21, 2018, at 11 a.m. at City Hall in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 8:36 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: 0-- COUNCI`t'MEMBER DATE Page 8 of 8