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HomeMy WebLinkAbout05/19/2015 Business Meeting 214 YAKIMA CITY COUNCIL May 19, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and Acting City Clerk Stephens Absent: Council Members Dittmar and Ensey (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations / Recognitions / Introductions Recognition of City employee James Dean Finance and Budget Director Epperson recognized Utility Manager James Dean for completing the utility business process analysis. In addition, he has taken on the responsibilities of parking enforcement and water meter readers. Mr. Dean thanked Ms. Epperson and City Manager O'Rourke for the opportunity and trust in him. Mayor Cawley noted complaints about this department have decreased since Mr. Dean has been in charge. 4. Council Reports A. Quarterly update from Dave Fonfara, the Yakima Planning Commission Chair to the City Council Yakima Planning Commissioner Dave Fonfara updated the City Council on the Planning Commission's pending projects. He also thanked his fellow Commission members for their hard work. 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens Page 1 of 6 215 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: Coffey moved and Adkison seconded to approve the consent agenda. The motion carried by unanimous vote, Dittmar and Ensey absent. A. Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 ORDINANCE NO. 2015 -018, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective June 21, 2015; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. B. Ordinance amending the 2015 Budget to purchase Utility Billing Software (Second Reading) ORDINANCE NO. 2015 -019, AN ORDINANCE amending the 2015 budget for the City of Yakima; and making appropriation of $1,500,000 in Fund 392 – Cumulative Reserve for Capital Improvement expenditure during 2015 to provide for the purchase and implementation of a Utility Billing Software System C. 2015 1st Quarter Engineering Report D. Set June 2, 2015 as the date for a public meeting before City Council to consider the final long plat approval of Cottonwood Partners LLC "Crown Crest Phase 2" located in the vicinity of South 75th Ave & Crown Crest Avenue E. Set June 16, 2015 as the date for a public hearing to consider the right -of- way petition submitted by Yakima Valley Community College to vacate a portion of Hamm Ave between S 12th Ave & S 13th Ave F. Set June 16, 2015 as the date for the public hearing to declare surplus and authorize disposition of certain property lying adjacent to the property currently owned by Stewart Subaru G. Resolution setting the times and place for hearings on June 2, 2015 and June 16, 2015 to review and consider adoption of the Six -year Transportation Improvement Program and amend the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan for the period of 2016 to 2021 RESOLUTION NO. 2015 -067, A RESOLUTION setting the times and place for hearings on June 2, 2015 and June 16, 2015 in the City of Yakima Council Chambers to review and adopt the Six -year Transportation Improvement Program and amend the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan for the period of 2016 to 2021. Page 2 of 6 216 H. Resolution authorizing the execution of a Supplement to the Professional Services Agreement (Contract No. 2014 -180) with Maul Foster Alongi (MFA), not to exceed $55,000, for post interim action professional services required for the former Tiger Oil site located at 2312 West Nob Hill Boulevard RESOLUTION NO. 2015 -068, A RESOLUTION authorizing the execution of a Supplement to the Professional Services Agreement (Contract No. 2014 -180) with Maul Foster Alongi (MFA)., not to exceed $55,000, for post interim action professional services required for the former Tiger Oil Site located at 2312 West Nob Hill Boulevard. Resolution authorizing the execution of an agreement with the Department of Ecology for $150,000 of Ecology funds, for additional cleanup activities required at the former Tiger Oil site located at 1212 West Nob Hill Boulevard RESOLUTION NO. 2015 -069, A RESOLUTION authorizing the execution of an Interagency Agreement with the Department of Ecology (Ecology), for $150,000 of Ecology funds, for additional cleanup activities required at the former Tiger Oil site located at 2312 West Nob Hill Boulevard. J. Resolution authorizing a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff RESOLUTION NO. 2015 -070, A RESOLUTION concerning administration; authorizing the City Manager to execute a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff. 6. Audience Participation Megan Anderson Reilly, City resident, thanked Council for their work on the Downtown Plaza and asked Council to preserve the Millennium Plaza. Kim Kovalik, City resident, spoke in support of keeping the Millennium Plaza. PUBLIC HEARINGS 7. Public Hearing and Ordinance concerning text amendments to Yakima Municipal Code Title 15, Urban Area Zoning Ordinance, to incorporate a use and definition of "Mission" as Class (2) uses in the GC, CBD, and M -1 zoning districts Assistant Attorney Kunkler briefed Council on the ordinance. He reported that in 1992- 1995 then Hearing Examiner Phil Lamb interpreted and defined a new use for the definition of a "mission," which designated three zones in the City where missions would be permitted under a Class 2 use. Those zones are General Commercial, Central Business District and the M1 Light Industrial zone. He stated this public hearing is not about the Union Gospel Mission issue. Mayor Cawley opened the public hearing. Gary Rufner, spoke against the ordinance. He has owned the Roadrunner on North First Street since 1987 and asked Council to look at changing this type of issue to a Class 3 instead of a Class 2 review. He stated they have watched their property values decrease by 80 percent and sales reduced by 70 percent. He asked Council to delay Page 3 of 6 217 action on this issue while they continue with an appeal process regarding the Mission. He stated the Mission signed an agreement in 1984, which they have yet to fulfill. Council Member Ettl asked for clarification. Senior Assistant Attorney Kunkler stated this ordinance codifies the standards in effect since 1992 -1995. It locks in a definition, which was declared a Class 2 use and he is not proposing changing that. The City of Yakima has a three - tiered class review; Class 1 is permitted administratively, such as building permits. Class 2 has a little more impact to the community, it can be reviewed administratively, and the Community Development Director may make a determination to change it to a Class 3 review, which requires a public hearing. It's generally considered a compatible use with the neighborhood but there may be mitigations that can be imposed administratively, or if need arises can have a public hearing. Class 3 is presumed to be an incompatible use and requires in all cases a public hearing. This ordinance doesn't change what was originally established and retains the Class 2 use for admission in the zones. Bill Brado, non - resident, City property owner, spoke against the ordinance and questioned the level of review given to this issue. He stated back in 1992 -1995 it was different and they now have twenty years of experience with the Mission and believes this type of issue should now have a Class 3 review. Davin Shegill, spoke against the ordinance. He took over the Days Inn and has done a lot of work on the property. They do not have a problem bringing clients, only keeping the client once they see the homeless in the area. Rajiv Sauson, spoke against the ordinance and stated they have the same problems. Gary Carnevali, spoke against the ordinance. He has owned property across the street from the Mission since 1972, and once the Mission opened they haven't been able to make a go of it. He stated they have made improvements to the property but the homeless are using the area as a toilet. This area is supposed to be the Gateway to Yakima but has turned into the toilet of Yakima and the property values have not increased. He wonders if the City will compensate them for their losses and questioned why the Mission isn't providing 24 -hour bathroom access and security as they agreed to. City Manager O'Rourke noted they are making the argument that this should have a Class 3 review. Unfortunately, the North First Street businesses and the Mission entered into a private agreement, which the City cannot enforce. If this had been a Class 3 review, the City would have been able to enforce the agreement. This doesn't affect their current situation but would affect future situations. Reverend William Pride, City resident, stated he has parishioners who live in the area who are not here tonight. He wants to make sure the Council listens to what the community has to say about the issue. Andy McAllister, City resident, stated he has lived on the corner of S. Naches for about 30 years and manages an apartment complex at Chestnut and S. Naches. They have problems with homeless, drunks and drug addicts defecating on their property. If the City allows a mission at Roy's market, all the homeless in Central Washington will be there and God help the neighbors. Page 4 of 6 218 Dave Fonfara, Chair of the City of Yakima Planning Commission, stated he is not disputing the speakers' issues and problems and has great sympathy for what they are experiencing. Since October of last year when the Council approved the moratorium and forwarded it to the Planning Commission, they have had several study sessions on the issue where they engaged the public and received a lot of input. Unfortunately, they didn't hear any comments from this group. He noted homelessness is a major problem, not only in Yakima, but nationally, and it needs to be addressed. Agencies like the Mission and Neighborhood Health provide support and take people out of homelessness. He suggested the City Council remand this suggestion of Class 3 review back to the Planning Commission for additional study and another public hearing to allow the process the opportunity to work the way it was designed. Davin Shegill, stated the Union Gospel Mission is bringing people from other cities such as Sunnyside and Portland and busing them to Yakima. Kelly Pimple, stated she believes Roy's Market is a safe place for a homeless shelter. She invited Council Members to their June 10 meeting at 1 p.m. at the Sunrise Outreach Church. Mayor Cawley closed the public hearing. The City Clerk read the ordinance by title only. AN ORDINANCE relating to land use; amending Section 15.02.020 of the Yakima Municipal Code to add definition of mission use, and amending Table 4 -1 of Section 15.04.030 of the Yakima Municipal Code designating such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M -1 Light Industrial zoning districts of the City of Yakima. Motion: Ettl moved and Coffey seconded to remand this issue back to the Planning Commission. The motion carried by unanimous vote, Dittmar and Ensey absent. CITY MANAGER REPORTS 8. Resolution authorizing implementation of the Public Participation Guide for the Comprehensive Plan Update Program Valerie Smith, Senior Planner, briefed Council on the issue. The City Clerk read the resolution by title only. RESOLUTION NO. 2015 -071, A RESOLUTION authorizing the City's Planning Division staff and Yakima Planning Commission to implement a Public Participation Guide for the Comprehensive Plan Update Program; pursuant to the Washington State Growth Management Act (GMA) RCW 36.70A.130 & RCW 36.70A.140. Motion: Coffey moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote with Dittmar and Ensey absent. 9. Resolution authorizing an agreement with PanGEO Incorporated, not to exceed $24,000, to perform geotechnical engineering design services required for the Yakima Central Plaza Page 5 of 6 219 City Manager O'Rourke briefed Council on the resolution. Assistant Mayor Coffey suggested postponing any action on the Downtown Plaza until the new City Council is seated in January. City Manager O'Rourke noted any action wouldn't be ready until January or February of next year. Council Member Lover believes there should be someone local who can do this work. He suggested this issue go before the Council Built Environment Committee to improve bidding requirements to have local consultants. City Manager O'Rourke stated the City cannot have preferential treatment for local bidders /vendors. Motion: Coffey moved and Adkison seconded not to have any further action on the Downtown Plaza, except for this issue, until after the new year. Motion: Ettl moved and Adkison seconded to table this motion until the full Council is present to vote on this issue. Motion carried by a 3 -2 vote with Coffey and Lover voting no, Dittmar and Ensey absent. After further Council discussion, the City Clerk read the resolution by title only. RESOLUTION NO. 2015 -072, A RESOLUTION authorizing the execution of a Professional Services Agreement with PanGEO Incorporated, not to exceed $24,000 to perform geotechnical engineering design services for the Yakima Central Plaza. Motion: Ettl moved and Adkison seconded to adopt the resolution. The motion carried by a 4 -1 vote, Lover voting no, Dittmar and Ensey absent. 10. Other Business None. 11. Adjournment Motion: Coffey moved and Adkison seconded to adjourn to the next Council Business Meeting on June 2, 2015 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote, Dittmar and Ensey absent. The meeting adjourned at 7:45 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY Cd 7 t` COUNCIL MEMBER DATE ta1V& AC _■■■ • 7 r CC/UN IL IVMBE■ g V DATE ATTEST: 1 I , ,7 J (�� ;i eixfr CITY CLERK MAYOR I Page 6 of 6