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HomeMy WebLinkAbout05/02/2023 Business Meeting/Adj to Executive Session147 MINUTES YAKIMA CITY COUNCIL May 2, 2023 City Hall — Council Chambers -129 N 2nd Street, Yakima, WA 5:30 p.m. Regular meeting — conducted in person and virtually via Zoom Roll Call Present: Mayor Janice Deccio, presiding, Assistant Mayor Soneya Lund and Councilmembers Matt Brown, Patricia Byers, Danny Herrera, Eliana Macias, and Holly Cousens Staff: City Manager Robert Harrison, City Attorney Sara Watkins, City Clerk Sonya Claar Tee, and City Clerk In -training Rosalinda lbarra 2. Pledge of Allegiance Mayor Deccio led the Pledge of Allegiance. 3 Interpreter Services Mayor Deccio introduced Jorge Villasenor who announced interpreter services are available in Spanish. 4. Open Discussion for the Good of the Order MOTION: Lund moved and Cousens seconded to adjourn to Executive Session for 10 minutes to discuss pending litigation per RCW 42.30.110(1)(i). The motion carried by unanimous vote. Executive Session was held at 5:33 p.m. and adjourned at 5:43 p.m. at which time the regular business meeting resumed. A. Proclamations Draft Missing and Unidentified Persons Awareness Month proclamation MOTION: Byers moved and Cousens seconded to approve the proclamation. The motion carried by unanimous vote. 5. Council Reports A. Discussion on the Bicycle and Pedestrian Advisory Committee membership rules Assistant Mayor Lund as the Council liaison of the Bicycle and Pedestrian Advisory Committee introduced the item. The Bicycle and Pedestrian Committee asks that Council approve one committee member be allowed to live outside the City limits however, the member must own property or a business within the City limits. Page 1 of 5 148 MOTION: Lund moved and Cousens seconded to change the membership rules of the Bicycle and Pedestrian Committee to allow one member of the committee to live outside the City limits, as long as they have property, own property, or a business within the City limits. The motion carried by a 4-3 vote; Byers, Brown, and Cousens voting no. B. Discussion regarding the Bicycle and Pedestrian Advisory Committee reviewing traffic calming measures City Engineer Bill Preston discussed his presentation of the City's traffic calming policy at the last Bicycle and Pedestrian Committee meeting. City Manager Harrison has already directed the Streets and Traffic division to inspect crosswalks for any potentially obscured signs. Mr. Harrison also spoke to the crossing guard at 12th/Tieton Ave. regarding problems they observed in the area; YPD will do additional enforcement. Communication & Public Affairs Manager Beehler will draft an education campaign on City's social media regarding crosswalks and enhance the Traffic Tuesdays program regarding red light campaign. Mr. Harrison stated he would report back to Council regarding the outcome of the educational campaign efforts. 6. Consent Agenda Mayor Deccio 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: Lund moved and Cousens seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approval of minutes from the April 18, 2023 City Council regular meeting, April 25, 2023 City Council study session and April 27, 2023 City Council special meeting B. Project Completion and Contract Acceptance with Total Site Services LLC for the North 1st Street Revitalization Phase 2 Project 2390 C. Project Completion and Contract Acceptance with Tapani Inc for the North 1st Street Revitalization N Street to SR12 Phase 1 Project 2340 D. Project Completion and Contract Acceptance for Spring Creek Phase 2 Project 2559 and 48th & Washington Project 2516 E. Resolution authorizing a recurring annual Agreement with Yakima Valley Umpires Association to obtain officiating services for the City's organized softball program RESOLUTION NO. R-2023-065, A RESOLUTION authorizing an agreement with the Yakima Valley Umpires Association for officiating services for the City of Yakima's organized softball program. 7. Public Comment Tony Courcy, resident, spoke regarding several matters. Page 2 of 5 149 PUBLIC HEARINGS 8. Public hearing to consider a rezone request located in the vicinity of 1406 S Fair Avenue / 909 LaFollette Street Mayor Deccio stated this is a closed record hearing and the Council is sitting in its quasi- judicial capacity. Mayor Deccio read the following statement: the Council determined that additional public testimony was necessary with regard to the application, and this is the time for additional testimony associated with the application, after which the Council is charged with evaluating the record and the testimony made today and rendering a decision on the application. Testimony will be limited to matters regarding the application —the rezone of 1406 South Fair Avenue / 909 La Follette Street from R-2 to B-2, and the development permit and administrative adjustments requested therein with regards to the proposed automotive dealership use on the property. As this is a quasi-judicial hearing, the Appearance of Fairness doctrine controls. Each Council member answered affirmatively or negatively 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? Council responded they did not. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of the appeal? The response from Council was no. 3. Can you hear and consider the application in a fair and objective manner, without bias? Council stated they could. 4. Have you had any ex parte communications with Tom Durant, Rosa Harati, Sarah Harati, or anyone else, regarding this rezone, type 2 review for an automobile dealership use, or the administrative adjustments requested in the application during the pendency of this application? Council members stated they have not had any ex parte communications. Mayor Deccio asked if anyone wished to challenge any council member's participation in this application on appearance of fairness grounds, and no one from the audience or on Zoom spoke to the issue. Planning Manager Joseph Calhoun briefed the Council on the matter. Mayor Deccio opened the public hearing. Before the public commenter spoke, the City Clerk asked the speaker the following question: "do you promise to tell the truth in this matter presently before the City Council?" The speaker promised to tell the truth in this matter. Tom Durant of PLSA Engineering, the applicant's representative, thanked Council for the opportunity to speak. Mr. Durant spoke regarding the rezone and approval process and indicated that the current property owners purchased the property after the rezone process was being considered by the City for consistency under the Growth Management Act. Mr. Durant requested Council approval. With no one else coming forward to speak, Mayor Deccio closed the public hearing. After Council discussion, MOTION: Lund moved and Byers seconded to accept the findings outlined in the staff report, plus the exhibits provided by applicant, approve the rezone, development permit and administrative adjustments, and direct staff to bring back the appropriate legislation based on the Council's decision. The motion carried by unanimous vote. Page 3 of 5 150 DEPARTMENT ITEMS 9. Review of 2023 State Legislative Session Communications & Public Affairs Director Randy Beehler introduced the City's Olympia lobbyists, Luke Esser and Nick Federeci, who briefed Council on the City's 2023 State Legislative Priorities and other legislative issues of interest to the City. Many of the City's priorities were achieved during this session. 10. Yakima Area Arboretum Operation and Maintenance agreement status City Attorney Sara Watkins provided an update on the status of negotiations with the Yakima Area Arboretum for an operation and maintenance and use agreement. 11. Resolution awarding and authorizing an agreement with Tyler Technologies for Payroll Enterprise ERP Software Jennifer Ferrer -Santa Ines, Director of Finance & Budget briefed the Council on the proposed agreement with Tyler Technologies for the Payroll Enterprise ERP Software. The City Clerk read the resolution by title only. MOTION: Cousens moved and Byers seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2023-066, A RESOLUTION awarding and authorizing an agreement with Tyler Technologies for Payroll Enterprise ERP Software. 12. Ordinance amending Chapter 7.65, Chapter 11.44, and Chapter 12.03 of the Yakima Municipal Code, relating to building sewers and connections Code Administration Manager Glenn Denman briefed the Council on the proposed ordinance relating to building sewers and connections. The City Clerk read the ordinance by title only. MOTION: Cousens moved and Brown seconded to pass the ordinance. The motion carried by unanimous vote. ORDINANCE NO. 2023-016, AN ORDINANCE amending the City of Yakima Municipal Code Chapter 7.65, Chapter 11.44, and Chapter 12.03, relating to building sewers and connections. 13. Other Business MOTION: Cousens moved and Byers seconded to schedule a study session to discuss the downtown master plan. The motion carried by unanimous vote. MOTION: Lund moved and Byers seconded to add to the regular Council business agenda a discussion about establishing a coalition of community partners to address chronic repeat offenders of misdemeanor crime. The motion carried by unanimous vote. 14. Adjournment MOTION: Byers moved and Cousens seconded to adjourn to the next Council study Page 4 of 5 151 session meeting on May 9, 2023, at 4:00 p.m. at the Yakima Convention Center Room G. The motion carried by unanimous vote. The meeting adjourned at 7:09 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER COUNCIL M'ER DATE DATE Page 5 of 5