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Home My WebLink About09/06/2016 Business Meeting/Executive Session 465 YAKIMA CITY COUNCIL September 6, 2016 City Hall -- Council Chambers 5:00 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending litigation and land and property considerations Roll Call: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover Absent: Council Member Maureen Adkison (excused) MOTION: Mendez moved and Cousens seconded to adjourn to Executive Session regarding pending litigation and land and property considerations for up to one hour. The motion carried by unanimous vote, Adkison absent. Executive Session was held and adjourned at 5:55 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover Staff: City Manager Moore, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Maureen Adkison (excused) 2. Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. 3. Interpreter Services Mayor Coffey announced interpreter services are available. 4. Open Discussion for the Good of the Order Statement of Support for the Guard and Reserve Council Member Cousens read a Statement of Support for the Guard and Reserve. A. Proclamations Constitution Week proclamation Page 1 of 7 466 Mayor Coffey proclaimed the week of September 17 through 23, 2016, as Constitution Week and Leslie Shields accepted the proclamation. ii. National Truck Driver Appreciation Week Mayor Coffey proclaimed September 11 through 17, 2016, as National Truck Driver Appreciation Week and Ed Chadwick accepted the proclamation. B. Presentations / Recognitions / Introductions Recognition of 15 Years of Service for Fire Lieutenants Jason Ray and Brian Kneisler Fire Chief Stewart recognized Fire Lieutenants Jason Ray and Brian Kneisler for 15 years of service to the City of Yakima. ii. American Public Works Association Project of the Year Award for the Yakima Railroad Grade Separation Project City Engineer Sheffield presented Council with the American Public Works Association Project of the Year Award for the Yakima Railroad Grade Separation Project. C. Appointments to Boards, Commissions and Council Committees Acceptance of Council Nominating Committee minutes and recommendation of appointments to the Yakima Housing Authority, Board of Appeals, Hotel /Motel -- Tourist Promotion Area and Lodging Tax Advisory Committee, as well as discuss application deadline for exploratory Committees Council Member Lover provided an update on the Council Nominating Committee meeting. After Council discussion, MOTION: Lover moved and A. Gutierrez seconded to appoint Billy Fetzer to the Yakima Housing Authority board. The motion failed by a 5 -1 vote, Coffey, Cousens, A. Gutierrez, D. Gutierrez, and Mendez voting no, Adkison absent. MOTION: A. Gutierrez moved to postpone any nominations to any committees at this time. The motion failed due to lack of a second. MOTION: Cousens moved and Mendez seconded to appoint Nick Marquez to the Yakima Housing Authority board. The motion carried by a 4 -2 vote, A. Gutierrez and Lover voting no, Adkison absent. MOTION: Lover moved and Cousens seconded to appoint Mike Heit to the Board ofAppeals, Sarah Davila to the Hotel /Motel -- Tourist Promotion Area and Charlie Robin to the Lodging Tax Advisory Committee. The motion carried by a 5 - vote, A. Gutierrez voting no, Adkison absent. MOTION: D. Gutierrez moved and Cousens seconded to seta deadline of September 20, 2016, for acceptance of applications to the exploratory committees. The motion carried by unanimous vote, Adkison absent. Page 2of7 467 MOTION: Cousens moved and Mendez seconded to accept the Council Nominating Committee minutes. The motion carried by unanimous vote, Adkison absent. 5. Council Reports None. 6. Consent Agenda Mayor Coffey referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Item 5B (now item 8) and item 5F (now item 9) 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: Mendez moved and Cousens seconded to approve the consent agenda. The motion carried by unanimous vote, Adkison absent. A. Approval of the minutes from the August 16, 2016, City Council Business meetings and August 11, 15, 23, and 30, 2016, City Council Study Sessions B. Resolution authorizing a settlement agreement with Jose Ochoa -Mares to resolve and settle the litigation brought by the City RESOLUTION NO. R- 2016 -103, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the settlement agreement entered into by the City of Yakima ( "City ") and Jose Ochoa -Mares ( "Claimant ") to resolve and settle the litigation brought by the City. C. Resolution authorizing a lease agreement with the US Department of Transportation Federal Aviation Administration for a lease of property for aeronautical navigation equipment and to provide Air Traffic Control services RESOLUTION NO. R- 2016 -104, A RESOLUTION authorizing the City Manager to execute a lease agreement with the United States Department of Transportation Federal Aviation Administration for a lease of property for aeronautical navigation equipment and to provide Air Traffic Control services. D. Resolution authorizing a property lease agreement with Ellensburg Telephone Company, d /b /a Fairpoint Communications, for the City's primary radio transmission site on Look Out Point RESOLUTION NO. R- 2016 -105, A RESOLUTION authorizing the City Manager to enter into a property lease agreement with Ellensburg Telephone Company, d /b /a Fairpoint Communications, a Washington Corporation, for the City's primary radio transmission site on Look Out Point. E. Ordinance relating to Leaves of Absence and amending Yakima Municipal Code Section 2.40.050 Military Leave ORDINANCE NO. 2016 -015, AN ORDINANCE relating to Leaves of Absence and Page 3 of 7 468 amending Yakima Municipal Code Section 2.40.050 Military Leave. 7. Audience Participation Frank Hewey, city resident, stated he has made two public records requests related to the homeless encampment - -one to the City and one to the County. He stated if the City could not move the homeless from Chestnut Avenue without having an alternate location, then the County was not following the same rules when moving them from the encampment by the river. He asked for an update on how much the encampment has cost the City and how many have been placed in housing. Ruby Irving, city resident, reported she has witnessed drug usage at the homeless encampment and is very concerned about children witnessing this. She also shared her concerns about the filth on Naches Avenue and how badly it reflects on the community to visitors. Rich Austin, Yakima Valley Sports Commission, reported on the Pirate Plunder event and Hot Shots Tournament. He thanked the City of Yakima for assistance with the events. Luz Gutierrez, city resident, stated she thinks the appointment process to the City's boards and commissions is flawed. She shared her concerns about garbage strewn around downtown and the difficulties businesses are facing due to the homeless. Ms. Gutierrez also reported the Mexico Consulate visited Yakima and is interested in helping with a Mercado project. Tommy Lee, city resident and business owner in Yakima, reported his business has suffered over the last several months due to the homeless and something needs to be done. He submitted a petition requesting the Council relocate or offer other housing options for the homeless in the downtown area and to come up with a long -term plan to create a better and safer environment for the neighbors and businesses. CITY MANAGER REPORTS 8. Set October 4, 2016 as the date to hold an open record public hearing to discuss initiating a right -of -way vacation in the vicinity of S. 51st Ave. & Walnut St. Council Member D. Gutierrez asked why the City is initiating this action. Community Development Director Davenport explained the property owner requested the City initiate the vacation. MOTION: Coffey moved and Lover seconded to approve the set date for October 4, 2016, for this item. The motion carried by a unanimous vote, Adkison absent. 9. Resolution authorizing a radio site sublease agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company for the purpose of leasing available space on the City's Look Out Point radio communications site This items was postponed. 10. Request for Letter of Support for Next Step Housing concerning the proposed Bicycle Apartments project at 118 N 50th Avenue Office of Neighborhood Development Services Manager Matthews briefed Council on the Page 4 of 7 469 request. MOTION: Lover moved and Cousens seconded to approve the request fora letter of support. The motion carried by unanimous vote, Adkison absent. 11. Resolution authorizing City staff to submit a "Tree City USA" application to the Arbor Day Foundation, Washington State Department of Natural Resources Urban & Community Forestry, and USDA Forest Service for development of a tree care ordinance and board Supervising Planner Peters briefed Council on the issue. Yakima Arboretum Co- Executive Directors Jheri Ketcham and Colleen Adams - Schuppe spoke in support of the Tree City USA application and referenced a study indicating trees actually reduce crime in neighborhoods. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2016 -106, A RESOLUTION authorizing City staff to prepare and submit a "Tree City USA" application to the Arbor Day Foundation, Washington State Department of Natural Resources Urban & Community Forestry, and USDA Forest Service, and development of a tree care ordinance and board. MOTION: A. Gutierrez moved and Cousens seconded to adopt the resolution. The motion carried by unanimous vote, Adkison absent. 12. Resolution authorizing a mutual rescission with regards to contract agreements with Yakima Valley Partners Habitat for Humanity for the construction of four new low income housing units at 1220 S. 16th Avenue Office of Neighborhood Development Services Manager Matthews briefed Council on the issue. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2016 -107, A RESOLUTION authorizing the City manager to execute a mutual rescission with regards to HOME CFDA Contract #14.218 between the City of Yakima and Yakima Valley Partners Habitat for Humanity due to Habitat's inability to perform the terms and conditions therein. MOTION: Mendez moved and Cousens seconded to adopt the resolution. The motion carried by unanimous vote, Adkison absent. 13. Resolution adopting Yakima Transit's Transit Development Plan for 2016 -2021 and annual report for 2015 Transit Manager Maxey briefed Council on the resolution. Council Member D. Gutierrez suggested establishing a formal citizen transit advisory committee with Council oversight. Robert Strader, city resident, shared his concern that Yakima Transit has lacked Council oversight the last several years and supports Council Member D. Gutierrez's comments. The City Clerk read the resolution by title only. Page 5 of 7 470 RESOLUTION NO. R- 2016 -108, A RESOLUTION adopting Yakima Transit's Transit Development Plan for 2016 -2021 and annual report for 2015. MOTION: Mendez moved and A. Gutierrez seconded to adopt the resolution. The motion carried by a unanimous vote, Adkison absent. ORDINANCES 14. Discussion regarding proposed revisions to Ordinance No. 2016 -008 (marijuana) Senior Assistant City Attorney Watkins briefed Council on Council Member Cousens proposed changes to the marijuana ordinance relating to Small Convenience Center (SCC) zoning and adding to the definition of child care centers. Justin Heater, City resident and owner of Slow Burn, spoke in support of allowing marijuana retailers in the SCC zones. Anna Marie Dufault, non - resident, spoke in support of adding to the definition of child care centers and spoke against allowing retailers in the SCC zones. After Council discussion, MOTION: Cousens moved and A. Gutierrez seconded to set a public hearing for September 20, 2016, to discuss the daycare centers. The motion carried by a 5 - vote, Lover voting no and Adkison absent. MOTION: Cousens moved and A. Gutierrez seconded to seta public hearing for September 20, 2016, to discuss the SCC zones. The motion carried by a 4 - vote, Mendez and Lover voting no and Adkison absent. 15. Other Business Council Member Lover suggested having a meeting with the Housing Authority to review the board appointment process and possibly change some language on the application. Mayor Coffey suggested this be addressed at the Council's upcoming retreat. Council Member Cousens suggested placing a link on the City's website to update community members on the homeless issues. City Manager Moore noted this information changes quickly and could be added to a monthly newsletter. Codes Manager Caruso provided an update on the homeless encampment noting there is zero tolerance for drugs and alcohol. 16. Adjournment MOTION: Mendez moved and D. Gutierrez seconded to adjourn to a City Council Study Session on September 13, 2016, at 10 a.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Adkison absent. The meeting adjourned at 8:32 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY Page 6 of 7 471 C l axwA.- )( /bbl / 1.0 COUNCIL MEMBER DATE 'L ° LI-61r- f ( oS t -C l COUNCIL MEMBER DA ATTEST: VAKIM �� I ilia (( r ,�,. CITY CLER � * f ,'t : 1 r il' ? '\ cf Page7of7