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Home My WebLink About07/05/2016 Business Meeting 434 YAKIMA CITY COUNCIL July 5,2016 Convention Center Room C & D, 10 N. 8th Street, Yakima, WA 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- MINUTES BUSINESS MEETING 1. Roll Call Council: MayorAvina Gutierrez, presiding, Assistant Mayor Holly Cousens, Council Members Maureen Adkison, Kathy Coffey, Dulce Gutierrez, Bill Lover and Carmen Mendez Staff: Interim City Manager Cutter, Acting City Attorney Kunkler and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Gutierrez led the Pledge of Allegiance. 3. Interpreter Services Mayor Gutierrez announced interpreter services are available. 4. Open Discussions for the Good of the Order 5. Council Reports A. Council Nominating Committee minutes of June 16, 2016 MOTION: Cousens moved and Lover seconded to approve the minutes. The motion carried by unanimous vote. 6. Consent Agenda Mayor Gutierrez 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: Cousens moved and D. Gutierrez seconded to approve the consent agenda. The motion carried by a unanimous vote. A. Approval of the minutes from the June 7 and 21, 2016, City Council Business meetings and June 14 and 28, 2016, City Council study sessions B. Resolution authorizing an agreement with Perteet, Inc., in an amount not to exceed $45,000, to prepare design engineering plans for the Lion's Pool Page 1 of 6 435 Improvements RESOLUTION NO. R- 2016 -084, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Perteet, Inc., not to exceed $45,000, to prepare design engineering plans for the Lion's Pool Improvements. C. Resolution authorizing application for $254,970 in grant funding and $208,612 in a loan from the Yakima County SI ED Board to contribute funds for the engineering, design and reconstruction of certain streets and utilities necessary to support the development of the property located at South 24th Avenue and West Nob Hill Blvd RESOLUTION NO. R- 2016 -085, A RESOLUTION authorizing the City Manager to apply for funding, accept the funds if offered and execute the necessary agreement for $254,970 in a grant and a $208,612 loan from the Yakima County SIED Board to contribute funds for the engineering, design and reconstruction of certain streets and utilities necessary to support the development of the property located at South 24th Avenue and West Nob Hill Blvd. 7. Audience Participation Andrew Healy, Portland, Oregon, discussed his business called HomeServe USA. David Hawkins, City resident, spoke in support of the trolleys. Frank Hewey, City resident, stated he addressed the Council over a month ago regarding the homeless encampment on 6th and Chestnut and feels no progress has been made and the situation is worsening. He believes Yakima Neighborhood Health Services is a big part of the problem and has not heard any meaningful decisions. He asked Council to move the encampment to the parking lot by the police station. Ruby Irving, City resident, shared her concerns with the homeless encampment. She asked Council to fight for the neighbors in that area and relocate the encampment. Miguel Alvarez, City resident, informed Council that the encampment is next to his backyard and his family sees drug dealers nightly and feels he cannot work as he needs to stay home and protect his family. He invited Council to stay in his backyard for a night to witness what they are going through. He suggested Council bring them to their backyards and then they could talk. PUBLIC HEARINGS 8. Resolution and public hearing to consider the Hearing Examiner's Recommendation regarding an application submitted by Catalyss LLC for a Major Modification to a Master Planned Development and Preliminary Long Plat located in the vicinity of 4200 Castlevale Road Jeff Peters, Supervising Planner, briefed Council on the hearing. Mayor Gutierrez opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. Page 2 of 6 436 RESOLUTION NO. R- 2016 -086, A RESOLUTION approving a Master Planned Development and Preliminary Long Plat, for the Preliminary Plat of Catalyss, a 120 -Lot single - family subdivision, located in the vicinity of Castlevale and 42nd Avenue Yakima, Washington. MOTION: Cousens moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 9. Ordinance and public hearing to consider the Yakima Planning Commission's recommendation amending the Yakima Municipal Code related to land use regulations and locations pertaining to recreational and medical marijuana production, processing, and retailing of such uses Sarah Watkins, Senior Assistant City Attorney, briefed Council on the ordinance. Planning Commission Member Patricia Byers recapped the Planning Commission's recommendation. Mayor Gutierrez opened the public hearing. The following community members spoke against lifting the ban, but in favor of the ordinance and urged Council to extend the buffer to 1500 feet: Colleen Kaluzny, City resident; Steve Brownlow, non - resident; Jon Hutton, City resident; Bob Whitney, City resident; Jonathan Lang, City resident; and, Anna Marie Dufault, non - resident. Ben Grossman, City resident, shared his concerns that the map was inaccurate and that a 500 foot buffer would be sufficient. After Council discussion, The City Clerk read the ordinance by title only. ORDINANCE NO. 2016-008, AN ORDINANCE relating to land use and zoning, allowing recreational marijuana producers and processors as a permitted use in the Light Industrial (M -1) and Heavy Industrial (M -2) zones; allowing recreational marijuana retailers in the Local Business District (B -2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Regional Development District (RD); prohibiting recreational marijuana producers, processors, researchers and retailers in all other zones; adopting the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives; and adopting other restrictions on the locations of these recreational marijuana uses; and repealing YMC Section 15.01.035. MOTION: Cousens moved and Coffey seconded to pass the ordinance. The motion carried by a 4 -3 vote, Adkison, Lover and Mendez voting no. MOTION: Lover moved and Mendez seconded to amend the ordinance to increase the buffer to 1500 feet. The motion to amend failed by a 4 -3 vote, Coffey, Cousens, A. Gutierrez and D. Gutierrez voting no. CITY MANAGER REPORTS 10. Yakima Central Plaza Value Engineering Discussion Economic Development Director Sean Hawkins and Kathyrn Gustafson, with Gustafson Page 3 of 6 437 Guthrie and Nichol, briefed Council on the changes and two million dollars in savings to the Plaza. The following community members spoke against the plaza: Bob Bieren, City resident; Pres Tuesley, City resident; Jim Russi, City resident; Rogelio Montes, City resident; and Michael Gempler, City resident. The following community members spoke in support of the plaza: Chuck Forster, City resident; Bridget Russel, City resident; Dave Ettl, City resident; Charlie Robin, City resident and CEO of the Capitol Theatre and John Cooper, City resident and CEO of the Visitor and Convention Bureau. Council Member Coffey asked Plaza Committee Member Dana Dwinell to report on funding options. Ms. Dwinell stated the Committee would take direction from the Council and would be happy to work with a Council Committee regarding fund - raising. Committee Member John Baule noted there are many different grants available for different projects and they would not be competing against the City for grants. After further Council discussion, MOTION: Coffey moved and Mendez seconded that we have private funding of$9 million, public funding of $3 million with the agreement that a committee from the City and the Downtown Plaza Committee would work together to look at grants to assist in the funding as was outlined by Mr. Baule. The motion carried by a 5 -2 vote, Cousens and Lover voting no. Council Member D. Gutierrez clarified that the public funding of $3 million includes $1.2 million already spent on the plaza. 11. Status update and discussion on the use of $100,000 donation to the City of Yakima pursuant to the settlement agreement in Montes, et al. v. City of Yakima, et al. Interim City Manager Cutter and Council Member D. Gutierrez reported on their meeting with Yakima School District Superintendent Jack Irion to discuss an iriternship /mentoring program with high school students. Council Member D. Gutierrez stated Mr. Irion was very helpful and provided insight for services supporting youth. The program would begin with a mentorship and lead to a paid internship for at -risk youth. Senior Assistant City Attorney Harvey noted another component of the discussion is involving the ACLU. Council Member Lover suggested the internship include the possibility of college credits. MOTION: D. Gutierrez moved and Mendez seconded to move forward with a partnership with the Yakima School District to create a mentorship, internship, pipeline program for high school students and work to mutually agree on this partnership with the ACLU. The motion carried by unanimous vote. Council Member Coffey suggested Council Member D. Gutierrez be the point of contact with the ACLU and Yakima School District. Mayor Gutierrez stated if there were no objections they would make Council Member D. Gutierrez the point of contact and others could join at their leisure. There were no objections. 12. Resolution authorizing the amendment of the City Charter (Article 11, Section 1) to be consistent with the Final Injunction and Remedial Districting Plan to in the case of Montes Page 4 of 6 438 and Arteaga v. City of Yakima, et al. Helen Harvey, Senior Assistant City Attorney, briefed Council on the resolution. After Council discussion, the City Clerk read the resolution by title only. RESOLUTION NO. R- 2016 -087, A RESOLUTION authorizing and approving the amendment of Article II, Section 1 of the Charter of the City of Yakima to be consistent with the Final Injunction and Remedial Districting Plan in the case of Montes and Arteaga v. City of Yakima, et al. MOTION: Coffey moved and Cousens seconded to adopt the resolution. The motion carried by a 6 -1 vote, Lover voting no. 13. Other Business A. Ordinance authorizing temporary rezone of property at 101 S. 6th Street, Yakima Acting City Attorney Kunkler distributed an ordinance, which was proposed at the Special City Council meeting earlier in the day, to establish a homeless encampment on a vacant lot owned by Yakima Neighborhood Health Services next to where the homeless are staying on the City right -of -way at Chestnut and 6th Street. After Council discussion, the City Clerk read the ordinance by title. ORDINANCE NO. 2016-009, AN ORDINANCE relating to land use and zoning, declaring an emergency with regards to the homeless encampment on East Chestnut Avenue and temporarily lifting zoning restrictions that prohibit campgrounds in the R -2 zoning district for the parcel commonly known as 101 South 6th Street. MOTION: Cousens moved and Coffey seconded to pass the ordinance. The motion carried by a 6 -1 vote, with Lover voting no. City Clerk Claar Tee stated the emergency ordinance did not pass unanimously and therefore will not be effective until 30 days from the publication date. Council Member Mendez stated at the meeting earlier in the day, she voted against a motion to move the encampment to the parking lot at 3rd Street and Walnut, across from the Police Department. However, since the emergency motion was not approved unanimously, she feels this would be the best alternative for the neighborhood. After further Council discussion, MOTION: Mendez moved and A. Gutierrez seconded to move the current encampment to the parking space located in front of the police station. The motion carried by a 4 -3 vote, Adkison, Coffey and Lover voting no. 14. Adjournment MOTION: Coffey moved to adjourn to the next Council Business Meeting on July 19, 2016, at 6 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 9:04 p.m. Page 5 of 6 439 CERTIFICATION READ AND CERTIFIED ACCURATE BY ' i � a� .tom _..... .t COUNCIL MEMBER DATE l‘td1 1 I ' ' n ak._ • yl COU IL ME BER DATE ATTEST: -- "` �� / L/c71. L UL -) I �Lk f' % CITY CLERK � . "'1J,', +� 1 � I; ► " \ °" 1 ' I 1 Page 6 of 6