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Home My WebLink About04/16/2024 Business Meeting/Executive Session 313 ,Aribl _ -, kNiiiiiir MINUTES YAKIMA CITY COUNCIL April 16, 2024 City Hall —Council Chambers -129 N 2nd Street, Yakima, WA 5:00 p.m. Executive Session 1 5:30 p.m. Regular Meeting.The meeting was conducted in person and virtually via Zoom. EXECUTIVE SESSION 1. Executive Session regarding pending litigation pursuant to RCW 42.30.110(1)(i) MOTION: Brown moved and Herrera seconded to adjourn to Executive Session for 30 minutes to discuss pending or prospective litigation pursuant to RCW 42.30.110(1)(i). The motion carried by unanimous vote. Present for Executive Session: Mayor Byers,Assistant Mayor Brown, and Councilmembers Berg, Deccio, Glenn, Herrera, and Roy. Executive Session was held at 5:02 p.m. and adjourned at 5:20 p.m. The regular meeting was called back to order at 5:30 p.m. 1. Roll Call Present: Mayor Patricia Byers, presiding;Assistant Mayor Matt Brown and Councilmembers Reedy Berg, Janice Deccio, Rick Glenn, Danny Herrera and Leo Roy Staff: Interim City Manager Dave Zabel!, City Attorney Sara Watkins and City Clerk Rosalinda Ibarra 2. Pledge of Allegiance Mayor Byers led the Pledge of Allegiance. 3. Interpreter Services Mayor Byers introduced Jorge vllasenor who announced interpreter services are available in Spanish. 4. Public Comment David Larson, City resident, spoke regarding concerns with a Code Compliance case and property issues at his residence. Mr. Larson requested answers to questions and copies of some records relating to this matter. Colleen Anderson, City resident; Phillip Din-Dia, City resident; Charley Mulvey, City resident; Natalie McClendon, City resident; Eric Hohman, City resident; and Neil McClure, City resident, spoke in support of recent petitions protesting the enactment of ordinances related to the Sustainable Yakima Committee, Community Integration Committee and subcommittees Page 1 of 6 314 under the Yakima Planning Commission. Stacy Hackenmueller, City resident and Vice-Chair of the Parks and Recreation Commission, encouraged Council to pass the contract for the construction of the MLK pool project. Bill Dolsen, County resident, thanked Council for their service. He encouraged Council to pass the resolution regarding construction of MLK pool, but requested assurance that the City will provide for ongoing maintenance. 5. Open Discussion for the Good of the Order A. Proclamations Draft National Day of Prayer proclamation MOTION: Brown moved and Deccio seconded to approve the proclamation. The motion carried by unanimous vote. B. Presentations/ Recognitions/ Introductions Honoring Those That Came Before Us This item was removed and will be brought back to Council at a later date. 6. Council Reports A. Certification of Petitions Protesting the Enactment of Specific City Ordinances Interim City Manager Dave Zabell briefed the Council on three petitions received protesting the enactment of City ordinances. The City Clerk certified the number of votes cast at the last general City election and the number of signers of such petitions. The County Auditor's Office will validate the signatures to determine the qualified electors for the petition that received enough raw signatures. No action is necessary from the Council at this time. 7. Consent Agenda Mayor Byers referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members present. Items 7D and 7K were 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: Brown moved and Berg seconded to approve the consent agenda as read. The motion carried by a 7-0 roll call vote. A. Approval of minutes from the April 2, 2024 City Council regular meeting and April 9, 2024 study session B. 2024 1st Quarter Treasury Report C. Approve payment of disbursements for the period March 1-31, 2024 D. Item 7D was removed from the Consent Agenda Page 2 of 6 315 This item was removed from the Consent Agenda. E. Project Completion and Contract Acceptance with Ascent Foundations and More LLC for DID#24 Stormwater Improvements Project 2646 F. Resolution authorizing an agreement with Boss Construction, Inc. for Wastewater Treatment Facility Primary Digester Cleaning and Improvements Project WF2715 RESOLUTION NO. R-2024-065,A RESOLUTION authorizing an agreement with Boss Construction, Inc. for Wastewater Treatment Facility Primary Digester Cleaning and Improvements Project WF2715. G. Resolution authorizing an agreement with TTC Construction, Inc. for Primary Digester No. 1 Supematant Pipe Replacement Project WF2805 RESOLUTION NO. R-2024-066,A RESOLUTION authorizing an Agreement with TTC Construction, Inc. for Project WF2805 Primary Digester No. 1 Supernatant Pipe Replacement. H. Resolution authorizing the City to accept a Water Quality Combined Financial Assistance Agreement from the Department of Ecology RESOLUTION NO. R-2024-067,A RESOLUTION authorizing the City Stormwater Division to accept a Water Quality Combined Financial Assistance Agreement from the Department of Ecology. Resolution authorizing an amendment to Airport Lease Agreement with Gene O'Dell d/b/a O'Dell Enterprises RESOLUTION NO. R-2024-068,A RESOLUTION authorizing an Amendment to Airport Lease Agreement between the City of Yakima and Gene O'Dell d/b/a O'Dell Enterprises. J. Resolution authorizing a grant application for the Yakima Air Terminal Building Modernization project to the Washington State Department of Transportation (WSDOT)Aviation for Capital Improvement Projects at the Yakima Air Terminal- McAllister Field RESOLUTION NO. R-2024-069,A RESOLUTION authorizing a grant application for the Yakima Air Terminal Building Modernization project to the Washington State Department of Transportation (WSDOT)Aviation for Capital Improvement Projects at the Yakima Air Terminal-McAllister Field. K. Item 7K was removed from the Consent Agenda This item was removed from the Consent Agenda and considered after Item 8. L. Ordinance amending the 2023-2024 Biennial Budget for the City of Yakima and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2023-2024 for various purposes (Second Reading) ORDINANCE NO. 2024-012,AN ORDINANCE amending the 2023-2024 Biennial Budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various funds for expenditure during 2024 for various purposes including 2023 encumbrances as described in the attached Schedule I. Items Removed from the Consent Agenda A. Project Completion and Contract Acceptance for the Flip Flow Terminal Security Page 3 of 6 316 Exit Lane Project Director of Yakima Air Terminal Robert Hodgman provided information regarding this project. MOTION: Brown moved and Berg seconded to approve the project completion. The motion carried by unanimous vote. DEPARTMENT ITEMS 8. Resolution authorizing a contract with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745 Parks and Recreation Manager Ken Wilkinson briefed the Council on the proposed resolution. Councilmembers discussed this topic in conjunction with the matter to accept$3 million of ARPA funds from Yakima County for the construction of the Aquatic Center. Councilmembers expressed gratitude to community members, former Councilmembers, and staff for their efforts and commitment to bring this project to fruition. The City Clerk read the resolution by title only. MOTION: Deccio moved and Brown seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2024-071,A RESOLUTION authorizing an agreement with Chervenell Construction Company for the MLK Jr Park Eastside Pool Project 2745. 9. Resolution authorizing an agreement with Yakima County for the award of$3 million of ARPA funds for the construction of the Aquatic Center at MLK Jr. Park This item was listed as Item 7K on the published agenda and was removed from the Consent Agenda. Parks and Recreation Manager Ken Wilkinson briefed the Council on the proposed resolution. The City Clerk read the resolution by title only. MOTION: Deccio moved and Brown seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2024-070,A RESOLUTION authorizing execution of an Agreement with Yakima County for a grant of$3,000,000 through the American Rescue Plan Act for the construction of an Aquatic Center at MLK Jr. Park. 10. Resolution authorizing a Right-of-Way Use Permit to install fencing in a portion of alleyway north of H St between 1st St and Front St This item was listed as Item 9 on the published agenda. Code Administration Manager Glenn Denman briefed the Council on the proposed resolution. The City Clerk read the resolution by title only. MOTION: Deccio moved and Berg seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. Page 4 of 6 317 RESOLUTION NO. R-2024-072,A RESOLUTION authorizing the issuance of a right-of-way use permit for the installation of a fence in a portion of the alleyway adjacent to 818 N 1st St. 11. Ordinance amending Yakima Municipal Code Chapter 9.50 Parking Rules and Rules of the Road and Chapter 9.60 regarding Enforcement of Parking Violations This item was listed as Item 10 on the published agenda. City Attorney Sara Watkins briefed the Council on the proposed ordinance amending the parking regulations. She distributed an updated ordinance for the Council's review. The City Clerk read the ordinance by title only. After Council discussion, MOTION: Brown moved and Deccio seconded to pass the ordinance. The motion carried by a 6-1 roll call vote; Berg voting no. ORDINANCE NO. 2024-013,AN ORDINANCE amending the City of Yakima Municipal Code Chapter 9.50: Parking and Rules of the Road and Chapter 9.60 regarding enforcement of parking violations. 12. Resolution amending City of Yakima Master Fee Schedule regarding Parking Violations (YMC Ch. 9.50) This item was listed as Item 11 on the published agenda. City Attorney Sara Watkins briefed the Council on the proposed resolution amending the fees for parking violations. The City Clerk read the resolution by title only. MOTION: Brown moved and Deccio seconded to adopt the resolution. The motion carried by a 6-1 roll call vote; with Berg voting no. RESOLUTION NO. R-2024-073,A RESOLUTION amending the City of Yakima Master Fee Schedule regarding Parking Violations (YMC 9.50). 13. Resolution extending the moratorium regarding parking violations within the downtown area of the City of Yakima This item was listed as Item 12 on the published agenda. City Attorney Sara Watkins briefed the Council on the proposed resolution extending the moratorium regarding parking for an additional time period. The City Clerk read the resolution by title only. MOTION: Brown moved and Herrera seconded to adopt the resolution. The motion carried by a 7-0 roll call vote. RESOLUTION NO. R-2024-074,A RESOLUTION extending the moratorium regarding parking violations within the downtown area of the City of Yakima. 14. Other Business Page 5 of 6 318 This item was listed as Item 13 on the published agenda. MOTION: Roy moved and Brown seconded to direct staff to bring back to a future meeting a briefing on sidewalk cost share options of private homeowners. The motion carried by unanimous vote. Interim CM Zabell provided information regarding the upcoming AWC conference. Councilmember Herrera asked about community messaging regarding the businesses which remain open on N. First Street during construction. Assistant Mayor Brown requested an update regarding Camp Hope. Interim City Manager Zabell provided a brief update on the current status and noted this topic will be included in a future Study Session. Assistant Mayor Brown reminded the community of the upcoming City clean-up event on April 27th and encouraged community and Council members to participate. 15. Adjournment This item was listed as Item 14 on the published agenda. MOTION: Brown moved and Deccio seconded to adjourn to the next City Council study session on April 23, 2024, at 5:00 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 6:41 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MBER DATE COUNCIL MEMBER DATE ATTEST: ='vrKiM,• III, * ' / , • I . • SEAL ' ', CITY CLERK 'hw\s\a'' o= MA OR Page 6 of 6