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Home My WebLink About10/20/2015 05A Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.A. For Meeting of: October 20, 2015 ITEM TITLE: Approval of the minutes from the August 18, September 1, September 15 and October 6, 2015 City Council Business meetings; and September 22 and 29, 2015 Council Study Sessions SUBMITTED BY: Sonya Claar Tee, City Clerk SUMMARY EXPLANATION: See attached minutes. Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description D 08-18-15 minutes ❑ 9-1-15 minutes ❑ 9-15-15 minutes City Manager Upload Date 10/13/2015 10/1/2015 10/1/2015 Type Coker Memo Coker Memo Coker Memo ❑ 09-22-15 minutes SS 10/1/2015 Coker Memo ❑ 9-29-15 minutes SS 10/9/2015 Coker Memo ❑ 10-06-15 minutes 10/9/2015 Coker Memo YAKIMA CITY COUNCIL August 18, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 Public Hearings 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: Acting City Manager Davenport, City Attorney Cutter and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Dis • ssio or a Goo of th A. The MASH - ima's • cDay of Tenn Mayor Cawley proclaimed August 22, 2015 as "The SMASH--Yakima's Official Day of Tennis." Kathleen Goyette of the Yakima Tennis Club accepted the proclamation. 4. Council Reports A. Quarterly update from Dave Fonfara, the Yakima Planning Commission Chair to the City Council Dave Fonfara, Planning Commission Chair, updated Council on the Commission's quarterly activities. He reported on four main items: nine citizen amendments have been received by the Board, the 2040 plan, the airport safety overlay plan required by the FAA, and the "Mission Use" standard adopted by the City. 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 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: Cawley moved and Ensey seconded to approve the consent agenda. Page 1 of 8 The motion carried by unanimous vote. A. 2nd Quarter 2015 Accounts Receivable Status Report B. 2nd Quarter 2015 Treasury Report C. 2nd Quarter 2015 Engineering Report D. 2nd Quarter Financial Trend Monitoring System E. 2nd Quarter Strategic Plan Monitoring Report F. Project Completion and Contract Acceptance for 10 Environmental - Project 2389 Former Tiger Oil Site Interim Remedial Action (Standard Motion V -B - Accept the project and approve) G. Project Completion and Contract Acceptance for 10 Environmental - Project 2404 Trolley Barn Site Remedial Action (Standard Motion V -B -Accept the project and approve) H. Project Completion and Contract Acceptance for POW Contracting, Inc. - P •'- R232 - akima Ir'•ation -•• ' 9 I ents (Standard oject appr tal ervic ent Pla UASB the final payment) ce for Colu is Energy & kima Regio Wastewater -B-Accept th project and approve J. Set September 15, 2015 as the date for a public hearing regarding the Airport Overlay Zoning Update. K. Resolution authorizing a lease agreement with UChicago Argonne, LLC, for a lease of property located south of the Yakima Air Terminal maintenance shop for wind research and data collection equipment RESOLUTION NO. 2015-105, A RESOLUTION authorizing the City Manager to execute a lease agreement with UChicago Argonne, LLC, for a lease of property located south of the Yakima Air Terminal maintenance shop for wind research and data collection equipment. 6. Audience Participation Jedidiah Haney and Joshua Miller, non-residents, spoke in support of repealing the marijuana ban. Michael St.Clair, City resident, suggested the City fix up the dangerous and abandoned houses and sell them to the less fortunate instead of demolishing. Page 2 of 8 Kelly Penfold, City resident, suggested the City install a sidewalk on Beech Street and requested the City enforce the speed limits and install speed limit signs on 9th and Rainier Streets. Tony Courcey, City resident, complained about not receiving a response from the City on his questions. PUBLIC HEARINGS 7. Public meeting and resolution for approval of the Final Long Plat of SR Homes LLC "Washington Heights Phase 3" located in the vicinity of South 78th Avenue & Washington Avenue Robby Aaron, Assistant Planner, briefed Council on the item. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. RESOLUTION NO. 2015-106, A RESOLUTION approving the final plat of Washington Heights Phase 3 and authorizing the Mayor to sign the final plat. MOTION: Coffey moved and Adkison seconded to adopt the resolution. The motion car 8. Public me: g and .o ion fo •pro . e F I Lon Plat pple Tree Construct! . "Golde G .ted i •�- ity dge R nd 88th Ave Trevor Ma ant ' Inner, i - d Coun. . r he item. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. RESOLUTION NO. 2015-107, A RESOLUTION approving the final plat of Golden Grove and authorizing the Mayor to sign the final plat. MOTION: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 9. Public hearing for Council's consideration of appeals submitted by Maud Scott and City of Yakima regarding the Hearing Examiner's decision on a request for an Unclassified Use Interpretation by Yakima Neighborhood Health for a proposed Community Resource Service Center Joan Davenport, Acting City Manager, stated Senior Assistant City Attorney Kunkler will present the City's appeal on this closed record public meeting, with all testimony limited to what is in the record. Senior Assistant City Attorney Kunkler reported on May 12, 2015, the City received Page 3 of 8 Hearing Examiner Spurgin's interpretation decision regarding whether Yakima Neighborhood Health Services (YNHS) proposal for development of the Roy's Market site should be allowed. The Hearing Examiner stated the proposed use was not a community resource service center as intended by the applicant, nor a mission as contended by the City, but instead was an unclassified use that could be considered as a Class (3) use only at the Roy's Market location. The Hearing Examiner held that he was allowing the YNHS proposed use at the Roy's Market site but not in any other Small Convenience Center (SCC) District. The City's position is that the Hearing Examiner failed to apply the existing definition of mission to the YNHS proposed use. The mission definition has been of record since 1992, and clearly provides that mission uses are only allowed in the GC, CBD and M1 zoning districts and are not permitted in the SCC zoning district. There are currently about 3,100 sites in the GC, CBD and M1 zoning districts that could be eligible for consideration for a mission use classification. Mission means a facility typically owned or operated by a public agency or non-profit corporation providing a variety of services for the disadvantaged, typically including but not limited to: temporary housing for homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. The recent interpretation by the Hearing Examiner failed to recognize the ongoing legislative process that was in existence at the time of the hearing on the mission interpretation. Prior use interpretations have been given precedential effect regarding the definition and location of uses since adoption of the Urban Area Zoning Ordinance in 1986. The City continues to rely on these definitions, even if they are not codified, as they do have pr- -. -ntial eff YNHS pre "communit currently) d fined i e nicip proposed • did _ fit eith. ' _ inition. consider th ich w Examiner ri oblem came oy's Market site a then (and are tly ruled the use hen the City contended that the Hearing Examiner must apply the previously established definition of mission. The functions as proposed by YNHS fit within the mission definition, but the Hearing Examiner refused to apply the mission classification. This is in error because the Municipal Code states this is a function of the Hearing Examiner. Instead, he found that the Roy's Market site was a suitable location based on a Class (3) use and gave an interpretation to that affect. However, that constitutes use of legislative authority without authorization under the Code. The only authority given the Hearing Examiner under the Code is to establish whether an unclassified use, one that's not listed in our current zoning code, meets the scope and intent and purpose of the zoning district. The Hearing Examiner jumped over that requirement and, in essence, created a "spot zone." A spot zone (described in the case of Narrowsview Preservation Association vs. the City of Tacoma) is an arbitrary and unreasonable zoning action by which a smaller area is singled out of larger area or district and specifically zoned for a use classification totally different and inconsistent with a classification of the surrounding land not in accordance with the comprehensive plan. Hearing Examiner Spurgin's decision in this case had the effect of creating an island, with only one location in the City that would be allowable for consideration, and development of a mission use or a use as proposed by YNHS. Two weeks ago the City Council adopted an ordinance that now codifies the definition of mission and designates the zoning districts in which that use would be allowed, specifically the GC, CBD and M1 zones. Because the functions and uses of the YNHS meet that (new) definition of mission, which is allowed in the GC, CBD, M1 zoning but not in SCC Page 4 of 8 zone, Council should reverse that portion of the Hearing Examiner's interpretation that challenges the ability of the Hearing Examiner to render a use classification, affirm the provisions of Code as written, and find that the use as proposed by YNHS constitutes a mission under the new definition of mission as it is currently codified. Maud Scott, City resident, stated she is signatory on the appeal and spoke in support of the appeal. Dennis Macias, City resident, stated he is an owner of property in that neighborhood and is representing 300 people in that area who signed a petition saying they don't want this shelter at Roy's Market. He spoke in support of the appeal. Frank Hewey, City resident, stated he lives in the neighborhood and spoke in support of the appeal. Patty Wilson Sandoval; City resident, commented she has lived in her home in this neighborhood for 41 years and spoke in support of the appeal. Phyllis Musgrove, City resident, spoke in support of the appeal. James Carmody, representing YNHS, stated they followed the process recommended by the City of Yakima Planning Division. He reported they submitted an interpretation request and unclassified use request for the proposed use before Hearing Examiner Pat Spurgin. He noted t - . ncil is ti - ' ... e with rule and on ' ion is based upon the record .. d b . iearinamin I ng) has ventured beyond th. :nd obj. tee o Mr. kler' renc o a mission finance that was passed twe rt of t record considered by the Hearin. xami an as i o• . 'e a e highlights a portant point, because th _ _ _ _ ifie• _ se dettion thmade was b ed on the City's ordinance 15.04.040, which states any use not listed in table 4.1 is an unclassified use and shall be permitted only in those districts so designated by the Hearing Examiner. The Hearing Examiner found the "community center" and "mixed use building" classifications were not applicable because of the combination. What wasn't appealed is also important, as the Hearing Examiner has to make specific findings as an unclassified use determination. The proposed use is consistent with the intent statement of the zoning district in which the use is proposed. Within the intent statement, the zoning ordinance definition for retail services specifically includes a service or use that is social service in nature and serves the immediate area. This was found to be compliant with intent of the zoning ordinance, and approved by the Hearing Examiner. There's been discussion on a mission interpretation or land use application that was issued in 1992, which was a specific proposal for a specific site and the uses included 260 hotel units and occupancies, medical facilities, dental facilities, alcohol and drug treatment facilities, auditorium, gymnasium, worship chapels, food services, material repair shops, and food banks — all Class (2) use in a zoning district and it wasn't listed on table 4.1. Due to concern by City staff that the decision would be applicable to everything in all SCC zoning districts, the Hearing Examiner limited his decision to affect this location only. The problem with Mr. Kunkler's argument is the City ordinance doesn't allow a Hearing Examiner to make rezone decisions. An "unclassified" use is a very common zoning category and zoning use within this state and is administrative and quasi-judicial. The Council needs to analyze legal arguments and identify specifically the legal errors found Page 5 of 8 with the Hearing Examiner's decision. The Hearing Examiner heard all the issues and found the proposal was consistent with the zoning districts intent, meeting all development standards and the comprehensive plan, which supports homeless shelter activities. The project should move forward to a hearing on the Class (3) use. The Hearing Examiner was right, thorough, careful, and legally correct and Council should deny the appeals. Anita Monoian, City resident and Director of Yakima Neighborhood Health Services, stated YNHS just celebrated their 40th anniversary and she has been there for 36 years. She spoke in support of the Hearing Examiner's decision. Mayor Cawley asked if this is a quasi-judicial hearing. City Attorney Cutter reported it is his legal opinion that Council is not sitting as a quasi-judicial body in this hearing. This hearing is not about an individual's property interest or individual property, it's about a generally applicable definition of a use that would be appropriate to a district. This is a legislative process, where Council is determining through their legislative authority, how a use would be defined and what its appropriate location would be. Mr.Carmody noted he would like the record to show that he disagrees with that opinion and feels this is a quasi-judicial hearing. Mayor Cawley opened the hearing to the general public, reminding everyone that this is a closed record hearing and anything brought forward must already be in the record. t resi•-i .oke insup ••rtoft With no on -Ise co n• • • sp- :yor wle closed le hearing. Council M: ber D' ar .ted t ap ars o - t zoning andtondered if there is a precedent _ _ _ _ if th- earing iner's d _ i n is upheld. Senior Assistant City Attorney Kunkler stated he believes the Hearing Examiner acted in error by not following the City's process, which is in the Code and states determination of a use classification needs to be based on the use definition and the zoning district that it would be compatible with. The Hearing Examiner essentially said he was not concerned about whether or not this use would be allowed in all zoning districts throughout the City, but only with a specific parcel. Mr. Kunkler confirmed this would create a precedent. City Attorney Cutter added that Mr. Carmody's reference to our own code which indicates the use not listed on the table is only permitted in districts approved by the Hearing Examiner, specifies districts, not addresses. This issue deals with the zone and not with a location on a map. Council Member Ettl noted a specific decision about a specific spot does not lock it into that spot; it's then compatible with all other available spaces within that zone. There are 17 small convenience center zones throughout the city and the interpretation would affect all these areas. Ms. Davenport, zoning administrator, stated the City has taken the position that interpretations have precedent. Assistant Mayor Coffey noted it could be any place in downtown Yakima, and there is a strong emotional drive not to have it there. She stated the City may regret not placing it at the Roy's Market site as there is a strong feeling by many people that they would not be Page 6 of 8 facing the current issues on N. 1st Street if the Union Gospel Mission had not been allowed there. Council Member Adkison stated in the last six months she has been active with groups dealing with homelessness specifically for young people. They are being very specific about locations in order not to disrupt a neighborhood. Council Member Ensey noted he initially thought this was a quasi-judicial hearing. City Attorney Cutter noted the statue 42.36.010 on local land use decisions says, "quasi- judicial actions do not include the legislative actions adopting, amending or revising comprehensive community or neighborhood plans, or other land use planning documents, or the adoption of area wide zoning ordinances or the adoption of a zoning amendment that is of area wide significance." After further Council discussion, MOTION: Ettl moved and Dittmar seconded to uphold the appeal and overturn the Hearing Examiner's decision. The motion carried by a 4-3 vote with Coffey, Ensey and Lover voting no. CITY MANAGER REPORTS 10. Strategy for Addressing Priority Level Dangerous Buildings Per Counc .us, postd untiFt X15 Council Business 11. Council co Local I mpr limits. of 1 oun t thy acc transfer of seven ist Drai e prove nt locat entirely within the City City Attorney Cutter briefed Council on the issue. After Council discussion, MOTION: Cawley moved and Adkison seconded to deny acceptance of transfer of the County Drainage Improvement Districts. The motion carried by unanimous vote. ORDINANCES 12. Ordinance amending the Municipal Code to designate Gilbert Park and Randall Park — Dog Park as leash -free parks in designated areas Ken Wilkinson, Parks and Recreation Manager, briefed Council on the ordinance. Joan Sousley, City resident, stated she lives next to Gilbert Park. She spoke against the off -leash dog law at Gilbert Park. Joe Caruso, Codes Manager, stated he has given direction to Animal Control Officers to cite anyone not following the leash law, and they have given out several citations. The City Clerk read the ordinance by title only. Page 7 of 8 ORDINANCE NO. 2015-023, AN ORDINANCE relating to Parks and Playgrounds; amending the City of Yakima Municipal Code Section 13.16.110 to designate Randall Park — Dog Park as a leash -free park, adding a new Section 13.16.115 to regulate how dogs may be leash -free in designated areas and amending Animal Control Section 6.20.260 to provide for leash free designated areas. Council members discussed a possible fenced -in dog park at Gilbert Park. After further Council discussion, MOTION: Ensey moved and Adkison seconded to remove any reference to the term "off -leash" at Gilbert Park and to pass the remaining portion of the ordinance. The motion carried by unanimous vote. 13. Ordinance Updating Mobile Food Vendor Licensing Robbie Aaron, Assistant Planner, briefed Council on the ordinance. Leah Toney, City resident, spoke against the ordinance. She stated as a mobile vendor owner, she would like to park her truck on private property, in one place, for days at a time. She suggested having different requirements for different types of mobile vendors, similar to the Health District's varying permits. After Council discussion, and by Council consensus, this item was referred back to the Council Bu ee forher re 14. Other Bu 15. Adjournm MOTION: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on September 1, 2015 at 6 p.m. at City Hall. The motion carried by unanimous vote. The meeting adjourned at 9:21 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 8 of 8 YAKIMA CITY COUNCIL September 1, 2015 City Hall -- Council Chambers 5 - 6 p.m. Executive Session 6 p.m. Business Meeting EXECUTIVE SESSION 1. Executive Session to review the performance of a public employee Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover MOTION: Coffey moved and Ettl seconded to adjourn to Executive Session for up to one hour to review the performance of a public employee. The motion carried by unanimous vote. Executive Session was held and adjourned at 5:50 p.m. BUSINES 1. Roll Call Council: ley, p , Assiayor Kathy fey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, Acting City Attorney Kunkler and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations Kiwanis Day Mayor Cawley proclaimed September 12, 2015, as Kiwanis International Day and Roger Bell, Kiwanis 100 Year Celebration Chair, accepted the proclamation and invited Council to attend their event on September 12, 2015. ii. People for People 50 Years of Service Mayor Cawley proclaimed September 15, 2015, as People for People Appreciation Month. Stacey Kellogg and Jim Restucci accepted the proclamation. Ms. Kellogg invited Council to attend their event on October 1, 2015, and noted they will receive a formal invitation. Page 1 of 5 iii. National Truck Driver Appreciation Week Mayor Cawley proclaimed September 12 - 19, 2015, as National Truck Driver Week. Kathryn Judycki accepted the proclamation and invited Council to attend their event on September 14, 2015. iv. Constitution Week Mayor Cawley proclaimed September 17 - 23, 2015, as Constitution Week and Leslie Shields accepted. B. Presentations / Recognitions / Introductions Service Award for Jim Giles Brad Coughenour, Communications Manager, recognized Jim Giles for his 30 years of service with the City of Yakima. 4. Council Reports Mayor Cawley stated he is no longer able to attend the YVCOG meetings and requested another Council member fill his position. MOTION: to replac vote. 5. Consent ber Adkison ried by unanimous Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Item 51, now item 7, 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: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. Set October 6, 2015 as the date for a public meeting for Council's consideration of an appeal for the Hearing Examiner's decision upholding the approval of an expansion of the Union Gospel Mission clinic, parking, and residential area 1300 N 1st Street B. Set September 15, 2015 for a public hearing regarding Municipal Purpose Soccer Park Annexation C. Project Completion and Contract Acceptance for Strider Construction Co, Inc. - Project 2267C Yakima Floodplain Restoration Outfall Alternative PH 11 (Standard Motion V -B -Accept the project and approve) Page 2 of 5 D. Resolution adopting Yakima Transit's Transit Development Plan for 2015-2020 and Annual Report for 2014 RESOLUTION NO. R-2015-108, A RESOLUTION adopting Yakima Transit's Transit Development Plan for 2015-2020 and annual report for 2014. E. Resolution authorizing an Interlocal Agreement with Yakima School District No. 7 that will allow the City to provide maintenance services on side sewer pipelines and facilities located on District property at Eisenhower High School RESOLUTION NO. R-2015-109, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement with Yakima School District No. 7 that will allow the City to provide maintenance services on side sewer pipelines and facilities located on School District property at Eisenhower High School. F. Resolution authorizing Services Agreement with Yakima County Fire District 11 RESOLUTION NO. R-2015-110, A RESOLUTION authorizing the City Manager to execute and administer an intergovernmental service agreement between Yakima County Fire District No. 11 and City of Yakima. G. Resolution authorizing the Chief of Police to execute the Provisional State and Local Agreement between the United States Department of Justice, Drug Enforcement Administration and the Yakima Police Department RESOLUT R-2 ' RES • TION of Police to execute the 'rovis , al cal ' - men etween the ited States Departme emfinis d the kima Police Departme H. . aur irizing fief of ' coo execute thUunded State and Local Agreement between the United States Department of Justice, Drug Enforcement Administration and the Yakima Police Department RESOLUTION NO. R-2015-112, A RESOLUTION authorizing the Chief of Police to execute the Funded State and Local Agreement between the United States Department of Justice, Drug Enforcement Administration and the Yakima Police Department. 6. Audience Participation Jeremy Rodriguez, IAFF Local #469 President, thanked Council Members Coffey and Adkison for spearheading the donation drive efforts for the Okanogan Complex fire. He stated the donation efforts were a huge success and thanked Council, and the community as a whole, on behalf of all firefighters. Tony Courcy, City resident, complained that he asks questions and does not get answers. Thomas McCormick, City resident, expressed his appreciation for People for People's services and requested a meeting with Assistant Mayor Coffey. CITY MANAGER REPORTS 7. Resolution adopting findings of fact and conclusions of law supporting decision of City Council affirming in part and reversing in part Hearing Examiner's Interpretation, pertaining Page 3 of 5 to the SCC Small Convenience Center Zoning District Council Member Lover noted he removed this item from the consent agenda as he does not want to vote in favor of it. Assistant Mayor Coffey agreed. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-113, A RESOLUTION adopting findings of fact and conclusions of law supporting decision of City Council affirming in part and reversing in part Hearing Examiner's Interpretation, File No. INT#001-14, pertaining to the SCC Small Convenience Center Zoning District. MOTION: Dittmar moved and EttI seconded to adopt the resolution. The motion carried by a 4-3 vote with Coffey, Ensey and Lover voting no. 8. Strategy for Addressing Priority Level Dangerous Buildings City Manager O'Rourke reported there have been 42 structural fires in abandoned buildings within the City since 2014. He noted there are 22 structures that are an immediate safety concern and are spread out over districts 1-5. He requested Council to approve the report and authorize up to $100,000 to be encumbered from the budget immediately in order to begin demolition. The City will lien the properties in order to recoup costs of removal. Acting City on or may time as titl ave been foreclosed he process will take Bev Luby :a ity resident, aske• w at classi ies a dangerous building. David Morales, City resident, stated he works as an Attorney with tenants in landlord disputes and wants to make certain no tenants are living in the dwellings. Codes Manager Caruso stated they are dangerous and uninhabitable buildings, some without floors, bowed walls and sagging roofs, which are structurally unsafe. Once they are demolished, the debris will be removed and the dirt flattened out. After Council discussion, MOTION: Ensey moved and Coffey seconded to approve the report and direct staff to utilize the $100,000 to remove the dangerous buildings. The motion carried by unanimous vote. 9. Other Business None. 10. Adjournment MOTION: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on September 15, 2015 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 6:55 p.m. Page 4 of 5 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 5 of 5 YAKIMA CITY COUNCIL September 15, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 Public Hearings BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover Staff: Acting City Manager Davenport, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Rick Ensey (excused) 2. Pledge of Allegiance Mayor Ca - PI:,i egian 3. Open Dis A. Recognition of 20 Years of Service for Fire Captain Jeff Pfaff Fire Chief Stewart recognized Captain Jeff Pfaff for 20 years of dedicated service to the City of Yakima. B. Appointments to Boards, Commissions and Council Committees i. Appointment of Marla Powers to the Historic Preservation Commission MOTION: Adkison moved and Dittmar seconded to appoint Marla Powers to the Historic Preservation Commission. The motion carried by unanimous vote, Ensey absent. 4. Council Reports None. 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 present. The following items were added to the consent agenda. Item 9 now item 5G; item 10 now item 5H; and item 12 now item 51. The City Clerk read the Consent Agenda items, including Page 1 of 6 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 Dittmar seconded to approve the consent agenda. The motion carried by a unanimous vote, Ensey absent. A. Set October 20, 2015 as the date for a public hearing on the proposed development agreement for the planned development of Catalyss Planned Residential Development, formerly known as Toscanna. B. Resolution authorizing a contract with HDR Engineering, Inc. to provide assessment of intake alternatives for the Naches-Cowiche Dam Diversion Consolidation Project not to exceed $146,280 RESOLUTION NO. R-2015-114, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with HDR Engineering, Inc. to provide assessment of intake alternatives to the City for their consideration for the Naches- Cowiche Dam Diversion Consolidation Project1C2010 in order to select an option, not to exceed $146,277. C. Resolution authorizing an agreement with BERK Consulting to assist in the state mandated update of the City's Comprehensive Plan and compliance with the Growth Management Act not to exceed $105,000 RESOLUT • ' R-2 1 RES • TION execute a ' •fess . -I ' gree G with and assist complianc Five Thou anager to and team, to facilitate e Plan, and ceed One Hundred D. Resolution authorizing a sole source purchase of a steerable sewer system inspection camera from Western Systems & Fabrication not to exceed $57,351 RESOLUTION NO. R-2015-116, A RESOLUTION authorizing the City Manager to approve the sole source purchase of a steerable sewer system inspection camera from Western Systems & Fabrications, Inc. for an amount not to exceed $57,351. E. Ordinance amending YMC Section 2.40.015, PERS 1 Management employees' vacation accruals, and amending YMC Section 2.40.080, Holidays with pay, to add an additional personal holiday for the two PERS 1 management employees. ORDINANCE NO. 2015-024, AN ORDINANCE amending YMC Section 2.40.015, PERS 1 Management employees' vacation accruals and amending YMC Section 2.40.080, Holidays with pay to add an additional personal holiday for PERS 1 management employees. F. Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 ORDINANCE NO. 2015-025, AN ORDINANCE relating to City personnel; adopting a Page 2 of 6 classification and compensation plan for City employees to be effective October 18, 2015; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. G. Resolution authorizing an agreement with RH2 Engineering Inc., in an amount not to exceed $751,724, to provide planning and engineering services for the recommended capital improvements described in the 2013 Wastewater Collection System Master Plan RESOLUTION NO. R-2015-117, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with RH2 Engineering Inc. in an amount not to exceed $751,724.00 to provide planning and engineering services for the recommended capital improvements described in the 2013 Wastewater Collection System Master Plan. H. Resolution authorizing Yakima Police Corrections Sergeants (Teamsters Local #760) Collective Bargaining Agreement for 2016-2019 RESOLUTION NO. R-2015-118, A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement between the City of Yakima and the Yakima Police Corrections Sergeants (Teamsters Local #760) for January 1, 2016 - December 31, 2019. Ordinance granting a non-exclusive franchise to Cascade Natural Gas Corporation ("CNG") to construct, operate and maintain a natural gas transmission/distribution system and facilities within the City of Yakima ORDINANr 015 "" •RDI Cascade transmissi Yakima, W accompan • - .nt this f . -; operation, main enance and use o e na E gra franchise to cons ct, operate a maintain a natural gas th al ary fa ies, within the City of vi ns, terms an conditions prov g r City regula n of construction, tural gas ransmission/dis ribution system/facility(ies); prescribing penalties effective date. for the violations of its provisions; and setting an 6. Audience Participation Scott Revell, Manager of Roza Irrigation District, stated he has worked with the City on the Yakima Basin Integrated Plan since 2009, which is an outgrowth of the Black Rock Study, terminated by the Bureau of Reclamation in 2008. A stakeholder group comprised of irrigators, environmentalists, the Yakama Nation, and municipalities has been working on difficult water storage issues over the last several years. There will be a presentation on this issue to the City Council on October 6 and he wanted to let the Council know if they have any questions prior to the presentation to please let Water & Irrigation Manager Dave Brown know. Candie Turner, City resident, expressed her concern about a wind damaged tree in the West Valley Park. She commented on the City's assistance in gathering donations to assist the Firefighters and how much she appreciated Chief Stewart. Mayor Cawley and Assistant Mayor Coffey thanked Ms. Turner for her volunteer efforts for this event. PUBLIC HEARINGS 7. Public Hearing and ordinance regarding a Municipal Purpose Soccer Park Annexation Page 3 of 6 Acting City Manager Davenport briefed Council on the annexation process noting this is the second public hearing on the issue and Council has had many meetings regarding the process, including a resolution adopting an agreement with SOZO in April. She stated the project will require an environmental review and a traffic study. City Attorney Cutter stated the City is following the proper steps in the annexation process and this is a necessary first step in order to put City resources into the project. Supervising Planner Peters reported the City Council initiated the annexation about three months ago, which encompasses 118.71 acres located in the vicinity of South 38th Avenue and Ahtanum Road. The County Boundary Review Board approved the annexation on September 2, 2015. If approved, the annexation would take effect on October 18, 2015. Mayor Cawley asked what the next step is in the public process. Acting City Manager Davenport stated the Council would not necessarily be involved in the approval of the Class (2) review or the SEPA review unless it is appealed. She stated they could hold a public hearing on the Class (2) if desired, but that would normally not be required. They can also hold a neighborhood meeting to answer any questions. Mayor Cawley opened the public hearing. Susan Gallegos, City resident, expressed her concerns regarding traffic congestion in the area. Andy McAI Dr. Lloyd : ler, Ci es - nt, s -d is pro toe a part of thproject. Mayor Cawley closed the hearing. After Council discussion, the City Clerk read the ordinance by title only. ORDINANCE NO. 2015-027, AN ORDINANCE concerning annexation; annexing two parcels of property located at 2210 S. 38th Ave, Yakima WA, to the City of Yakima by means of the municipal purpose annexation process; maintaining the current Light Industrial (M-1) and Suburban Residential (SR) zoning of the area; adopting zoning regulations for the annexation area; and establishing an effective date of October 18, 2015. MOTION: Dittmar moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote, Ensey absent. 8. Public hearing to consider the City of Yakima Planning Commission's recommendation regarding an Ordinance which updates the City of Yakima's Airport Safety Overlay, Chapter 15.30 of the Yakima Municipal Code Assistant Planner Aaron briefed Council on the ordinance. Mayor Cawley opened the public hearing. Page 4 of 6 Mike Shinn, representing Congdon Orchards, one of the stakeholders, stated they have been involved in the process, public hearings and numerous discussions with Mr. Peterson, Planning and Legal Departments, and acknowledged they are generally happy with the ordinance. Gerald (did not state last name), asked several questions about the flow of passengers. Airport Manager Peterson responded to his questions. Mayor Cawley closed the hearing. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-028, AN ORDINANCE relating to the regulation of land use and shoreline development in the City of Yakima; repealing current Chapter 15.30 of the Yakima Municipal Code, and adopting new Chapter 15.30 of the Yakima Municipal Code, which new chapter restates, supersedes and replaces the former chapter, to ensure the Yakima Air Terminal Master Plan's success and to protect surrounding uses from airport impacts. MOTION: Coffey moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote, Ensey absent. 9. Ordinance ORDINANCES endor ensin Assistant t befo Council on August 18, 2015, and Coy it B m t Committee rfurther review. The Committee ' - e • alth 1 t. : nd det, t d Level 1 m ile vendors do not necessarily nee• a commissary, an• 1 permittee •y he Health Dis rict as a Level 1, they would not need to move their trucks every evening. He stated the Level 1 vendors must submit a plan of operation and the City will trust the vendors to follow their plan. Level 2 and 3 vendors are required to move their trucks daily as they need a commissary kitchen. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-029, AN ORDINANCE relating to the regulation of business and licenses in the City of Yakima and adding the following sections of Title 5 of the City of Yakima Municipal Code: 5.57. MOTION: Coffey moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote, Ensey absent. 10. Other Business Council Member Ettl asked if the study session scheduled for September 22, 2015, is still scheduled. City Clerk Claar Tee confirmed it is scheduled. 11. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to a Council Study Session on September 22, 2015 at 10 a.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Ensey absent. The meeting adjourned at 7:10 p.m. Page 5 of 6 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 6 of 6 YAKIMA CITY COUNCIL STUDY SESSION September 22, 2015 City Hall -- Council Chambers 2 p.m. 1. Roll Call Council: Assistant Mayor Kathy Coffey, presiding, Council Members Maureen Adkison, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee Absent: Mayor Micah Cawley (excused) and Council Member Tom Dittmar (excused) 2. Downtown Plaza Case Study Session City Manager 0 City, Rapid City, a history in dow Square opened He stated he is a nt and CEO and r he -red •f in Street Sq is thir. - . eceive 000 visitors usiness owner and property owner in Destination Rapid ed in Rapid City with re. Main Street d hosted 200 events. owntown Rapid City and described how their community took the steps to build Main Street Square and the economic results since it opened. He noted they don't have a parking problem, they have a walking problem. He presented a four minute video of their plaza/square and emphasized the majority of visitors are local families. He stated their plaza has been a huge economic generator for their community. Linda McCarthy, Director of the Downtown Missoula Partnership, and Ellen Buchanon, Director of the Missoula Redevelopment Agency, from Missoula, MT (population 69,000) via Skype Conference, spoke on the success of Caras Park. Caras Park hosts numerous events throughout the year and in 2013 nearly 1,000,000 people visited the park. Dana Dwinell, City resident, asked Ms. McCarthy to elaborate on the benefits of their investment and $200 million return. Ms. McCarthy responded with a list of projects they have handled and about tax increment matching and leveraging public dollars for private investment. Patricia Byers, City resident, asked how many acres the Caras Park covers and if the parking was free prior to the development of the plaza. Ms. McCarthy noted it is approximately two acres and parking is not free. Assistant Mayor Coffey noted Mr. Senftner will also speak to the community at a public session tonight at the Seasons Performance Hall at 6:30 p.m. 3. Adjournment MOTION: Ensey moved and Adkison seconded to adjourn to a Council Study Session on September 29, 2015 at 10 a.m. at City Hall. The motion carried by unanimous vote, Cawley and Dittmar absent. The meeting adjourned at 3:09 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR DRAFT YAKIMA CITY COUNCIL STUDY SESSION September 29, 2015 Council Chambers -- City Hall 10:00 a.m. 1. Roll Call Council: Assistant Mayor Kathy Coffey, presiding, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee Absent: Mayor Micah Cawley (excused) 2. Yakima public market / business incubator concept City Manager 0 great success i Scott with BDS anning d ban Farkas with ECS • ■ • .t w pres- -. - Powe .i foot Public Marke an. Mixed -Use Incu•a or/Commercia local businesses. not a new c troduc th Graham B n the conce cept and has had consultants Brian a Architects and Abe of a 27,000 -square - Kitchen that would help promote Brian Scott discussed the $7.5 million proposal, which would ideally be a public-private partnership and obtain funding through a variety of private and government sources. Mr. Scott stated their outreach included a community survey, a day long workshop, meeting with a food artisan group and meetings with farmers market vendors. Abe Farkas noted the annual operating cost would be approximately $349,500 with net revenue of $58,000. Financing options include: city and county grants, private donations, sponsorships, tax credits, block grants, and funding from State and Federal Agriculture Departments. Brett Baba reported the facility would ideally be located as close as possible to the proposed downtown plaza to build each other with synergy. He noted the market would also need an "anchor tenant," such as a restaurant, that might operate longer hours than the other vendors and attract people to the facility for nightlife. City Manager O'Rourke stated staff would work to identify potential funding sources within and from outside the City. The proposal was sent to the Council's Economic Development Committee for further review by Council consensus. 3. Proposed aquatic center agreements between the City and YMCA City Manager O'Rourke briefed Council on the proposed aquatic center agreements with the YMCA. He reported the proposed facility would be at Chesterly Park and include a lap pool, a family and children's recreation pool and a warm water therapy pool. It also would include a slide, spray and splash elements, and a lazy river. Mr. O'Rourke noted under the draft agreement, the City would pay $4.5 million of the cost, plus interest on the debt service, and take on half of the future capital expenditures and yearly operating deficits. The design also includes a common area with a lobby and locker rooms that connects to a separate $9 million fitness facility that the YMCA would be entirely responsible for funding. That facility would only be open to YMCA members and guests. He observed the City hasn't opened a new pool in more than 40 years while closing two pools and noted their concerns about the aging facilities at Lions and Franklin Park pools. Bob Romero, General Director, Yakima Family YMCA, emphasized the new facility is not replacing the downtown YMCA, which also has a pool and estimates the organization currently serves 7,500 children in Yakima. He noted the proposed location has access to main transportation arterials and is on city bus routes. Dustin Yaeger, Yakima Family YMCA Legal Counsel, noted these are three intertwined agreements for the common good to provide our community with a new space. He stated pools do not make money and they need a partner. Steve Pratt, owner of the Yakima Athletic Club, stated their business is privately operated and pays taxes. He ex • ressed his concern for his investment in the communit Cindy Pratt, co - payers to supp t interest of the tax vate enterprise. Carrie Sattler, a ana• of the a Athle fib, noted her . ncerns about the inequality of the tax situation and the partnership's impact on privately owned athletic facilities. Ester Huey, City resident, asked the City to address the need for accessible, affordable and adequate east Yakima pool and recreation facilities. Dan Arnett, non-resident, stated he has been involved in studies on pools and recreational sites in Yakima and noted the concessions are a huge issue. Sam Karr, City resident and Parks and Recreation Commissioner, noted he is for anything that improves Yakima but is concerned about the lack of input from the Parks and Recreation Commission, as well as citizen input. He understands there are concerns with the Washington State Recreation and Conservation Office (RCO) property conversion requirements and National Parks Service, which may be a bigger hurdle than the City realizes. He asked that this process not be rushed. Luz Gutierrez, City resident, feels this project is moving too fast and there will be a different City Council in January. She feels there needs to be more emphasis on where the youth are concentrated. Council Member Ettl asked Mr. Pratt what the cost is for a non-member to swim at the Athletic Club. Mr. Pratt noted it is $21 per day per person for non-members and half if they attend with a member. Council Member Ettl asked why the Parks and Recreation Commission hasn't weighed in on this issue. City Manager O'Rourke noted the process began a year before with a committee of private citizens and public entities including members of the Parks and Recreation Commission to define what the needs are and what utilization they wanted from a pool, which was provided to Council. He noted they can't involve the Commission in the negotiations until a deal is completed, but have kept them apprised. It was Council consensus to remand this issue to the Council Built Environment Committee for further review and to invite the Parks and Recreation Committee to attend this public meeting. 4. Adjournment MOTION: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on October 6, 2015 at 6 p.m. at City Hall. The motion carried by unanimous vote, Cawley absent. The meeting adjourned at 11:52 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE RAFITRDATE CITY CLERK MAYOR YAKIMA CITY COUNCIL October 6, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 Public Hearing BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager Davenport, City Attorney Cutter and City Clerk Claar Tee Absent: Council Members Maureen Adkison (excused) and Tom Dittmar (excused) 2. Pledge of Allegiance Mayor Ca - PI:,i egian 3. Open Dis A. Recognition of Officer Tarin Miller for 20 years of service Police Chief Rizzi recognized Officer Tarin Miller for 20 years of service to the citizens of Yakima. ii. Recognition of Boy Scout Troop 141 (added agenda item) Mayor Cawley recognized Boy Scouts from Troop 141 who were attending the Council meeting. 4. Council Reports A. Council Economic Development Committee Minutes September 3, 2015 MOTION: Coffee moved and Ensey seconded to approve the minutes. The motion carried by a unanimous vote, Adkison and Dittmar absent. 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 present. Item 8, now item 5D was added to 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.) Page 1 of 4 MOTION: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by a unanimous vote, Adkison and Dittmar absent. A. Approval of the minutes from the July 7, July 21, August 4, 2015 City Council Business meetings; July 28, 2015 Council Study Sessions B. Resolution authorizing an agreement with Transpo Group to assist in the state mandated update of the City's Transportation Plan not to exceed $105,000 and $24,000 to collect traffic counts RESOLUTION NO. 2015-119, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Transpo Group, and team, to facilitate and assist in the state mandated update of the City's Transportation Plan, and compliance with the Growth Management Act, with amounts not to exceed One Hundred Five Thousand Dollars ($105,000). C. Resolution authorizing an agreement between the Yakima Police Department and the Washington Traffic Safety Commission for high visibility traffic safety emphasis patrols RESOLUTION NO. 2015-120, A RESOLUTION authorizing the City manager to execute an agreement between Washington Traffic Safety Commission and City of Yakima providing for compensation to the City to support Yakima Police Department high visibility enforceme • safe D. utlook for the 6. Audience Kris Fork, City resident, urged Council members to think about homeless shelters, spoke against the plaza and noted she believes the Fresh Hop Ale Festival needs to be moved to a larger venue. Joey Anderson, City resident, stated she understands the Council wants to improve Yakima but she has concerns about the spending taking place on all the different projects. PUBLIC HEARINGS 7. Public meeting for an appeal of the Hearing Examiner's decision upholding the approval of an expansion of the Union Gospel Mission clinic, parking and residential area, 1300 N 1st Street Senior Assistant City Attorney Kunkler reported late last week the City received a copy of a motion filed by Mr. Andreotti, representing Mr. Brado and the Yakima Gateway Organization, on whether an appropriate extension was granted to the Union Gospel Mission to file a brief in response to Mr. Andreotti's initial brief. Under the City's Code, there is a provision to allow an extension to file a brief, and the City Council would grant such an extension, which staff administratively granted for the Union Gospel Mission to file a response brief from September 16-24, 2015. However, Mr. Kunkler noted in the interest of fairness, and after talking with Mr. Andreotti and Mr. Carmody (representing the Union Gospel Mission), they will provide Mr. Andreotti time to submit a response brief and they Page 2 of 4 requested this hearing be reset for argument. Mr. Andreotti stated they agree the extension would be acceptable. Mr. Carmody stated they would agree to an extension of two weeks. Mayor Cawley confirmed it is Council consensus to move this item to the next business meeting. 8. Other Business Council Member Lover stated the City Council is interested in reaching a mutually agreeable separation agreement with the City Manager following his announced resignation. Council Member Ettl asked if there is an official notice of resignation from the City Manager. City Attorney Cutter stated he is unaware of such notice. Assistant Mayor Coffey noted she had an opportunity to meet with City Manager O'Rourke over the last few weeks and it is his choice to move on. Therefore, the Council needs to take the necessary steps in planning for the City. Mayor Cawley noted the City Manager stated he would like to work with Council on this and it is an amicable situation, which will allow for a smooth transition. Council Member Ettl questioned the status of an official announcement. Assistant Mayor Coffey stated it was made at the last executive session. MOTION: Assistant prepare a 2015 Cou Dittmar ab ffey se - ded ► or and Ci . orne on behalf o e Council, to g the October 20, oting no, Adkison and Council Member Lover asked about cold weather emergency housing. Acting City Manager Davenport confirmed staff is working on it and this issue will be on the November 3, 2015 agenda. 9. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on October 20, 2015. The motion carried by unanimous vote, Adkison and Dittmar absent. The meeting adjourned at 6:36 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE Page 3 of 4 CITY CLERK MAYOR DRAFT Page 4 of 4