The URL can be used to link to this page

Home My WebLink About09/20/2016 Business Meeting/Executive Session 474 YAKIMA CITY COUNCIL September 20, 2016 City Hall -- Council Chambers 5 -6 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending litigation Roll Call: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Maureen Adkison, Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover MOTION: Mendez moved and Adkison seconded to adjourn to Executive Session for up to one hour to discuss pending litigation. The motion carried by unanimous vote. Executive Session was held and adjourned at 5:45 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Maureen Adkison, Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover Staff: City Manager Moore, City Attorney Cutter and City Clerk Claar Tee 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 National Disability Employment Awareness Month Proclamation Mayor Coffey proclaimed October 2016 as National Disability Employment Awareness Month. Tricia Eyerly and LaDell Lockwood accepted the proclamation. ii. Hispanic Heritage Month Proclamation Assistant Mayor Mendez proclaimed September 15 through October 15, 2016, as Hispanic Heritage Month. La Casa Hogar Executive Director Laura Armstrong, along Page 1 of 6 475 with La Casa Hogar volunteers, accepted the proclamation. A. Presentations / Recognitions / Introductions City Employee Recognition Communications & Public Affairs Director Beehler introduced Municipal Producer Michael Brown as a recipient of the City's Apple Award. Mr. Beehler briefed Council on how Mr. Brown was responsible for putting out a fire near a house, as well as his leadership in the Union Gap Lighted Christmas Parade. Mayor Coffey presented Mr. Brown with the City of Yakima Apple Award. ii. Presentation of Asset Data Collection Component of Equity Study (15 min) Community Development Director Davenport briefed Council regarding the asset data collection component of the equity study. She introduced Supervising Senior Analyst Tom Sellsted and Web Applications Developer /Administrator Randy Bonds who presented the study on the City's website. Council members thanked staff for their work on this project. Council Member D. Gutierrez asked if more information could be included on the study such as: Transit bench /shelter locations; locations where Transit riders board; inventory of street lights that are not working and if some are on a timer, and when they are due to be replaced. Council Member Lover suggested adding locations of septic service within City limits. City residents Rogelio Montes and Felicity Farias presented a petition of over 800 signatures requesting immediate action be taken to improve the basic needs of the east side of Yakima. Mr. Montes stated they asked the City to conduct an equity study of Yakima neighborhoods five months ago and feels little progress has been made. 5. Council Reports A. 2017 -2018 State and Federal Legislative and Administrative Priorities Communications and Public Affairs Director Beehler briefed Council on the legislative priorities. Council Member D. Gutierrez requested to move Seeking Funding from the WSDOT Bicycle and Pedestrian Grant Program from the "support" category to the "actively pursue" category under the State Legislative and Administrative Priorities. Council approved this change and adopted the 2017 -2018 State and Federal Legislative and Administrative Priorities by Council consensus. B. Accept Neighborhood & Community Building Committee Meeting Minutes of 5/19/2016, 6/16/2016, and 7/21/2016 MOTION: Mendez moved and Adkison seconded to accept the committee minutes. The motion carried by unanimous vote. 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 6C was removed from the consent agenda becoming item 11 and item 11 was added to Page 2 of 6 476 the consent agenda becoming item 6E. 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 Adkison seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approve payment of disbursements for the period August 1 – 31, 2016 B. Resolution declaring surplus rolling stock to be surplus to the needs of the city and authorizing its disposal RESOLUTION NO. R- 2016 -109, A RESOLUTION Declaring surplus rolling stock from the Equipment Rental Division surplus to the needs of the City of Yakima, and authorizing the City Manager to dispose of them in a manner most beneficial to the City of Yakima. C. Resolution authorizing sole source purchase of exhaust elimination equipment for the Fire Department RESOLUTION NO. R- 2016 -110, A RESOLUTION authorizing the sole source purchase of an exhaust extraction /removal system to be installed in the Union Gap fire station facility D. Resolution authorizing an interlocal agreement with the City of Union Gap for the acquisition, installation and maintenance of an exhaust/removal system RESOLUTION NO. R- 2016 -111, A RESOLUTION authorizing the City Manager's execution of an interlocal agreement between the City of Yakima and the City of Union Gap for the acquisition, installation and maintenance of an exhaust extraction /removal system within the Union Gap fire station facility. E. Resolution authorizing application for Community Economic Revitalization Board (CERB) Planning Grant funds to evaluate real estate options for Yakima Business Incubator and Public Market RESOLUTION NO. R- 2016 -112, A RESOLUTION authorizing the City Manager to apply for Community Economic Revitalization Board (CERB) Planning Grant funds to evaluate real estate options for Yakima Business Incubator and Public Market. 7. Audience Participation Walt Ranta, city resident, spoke on behalf of the Barge Chestnut Neighborhood Association about the fiber optics being installed in their neighborhood without any notice. Hazel Arvizu, city resident and owner of Al Cab, asked about the status of regulating Uber drivers. Senior Assistant City Attorney Watkins stated this subject will be brought back for further review by the Council Public Safety Committee on September 29. Mayor Coffey invited Ms. Arvizu to attend the upcoming meeting. Candie Turner, city resident, reported incidents with homeless people which occurred this past weekend during the volleyball tournament and a Yakima Symphony event. She feels visitors to Yakima should not have to deal with these issues. Dale Meck, city resident, shared the same concern as Mr. Ranta and asked about the process of public notification regarding utility work in the right -of -way. City Manager Moore Page 3 of 6 477 stated he will look into this issue. PUBLIC HEARINGS 8. Public Hearing and resolution to consider a development agreement for a multi -phase ministorage complex submitted by Storage Investments, LLC located at 8102 and 8104 Nob Hill Blvd. Supervising Senior Planner Peters briefed Council on the development agreement. Mayor Coffey opened the public hearing. David Hoeger, owner of the project, spoke in support of the resolution. Mayor Coffey closed the public hearing. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2016 -113, A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Storage Investments, LLC. (here after "Storage Investments ") to provide for the terms and conditions of development of a multi -phase ministorage complex to be located at 8102 and 8104 Nob Hill Blvd., in the City of Yakima. MOTION: Mendez moved and Adkison seconded to adopt the resolution. The motion carried by a unanimous vote. 9. Public hearing to consider amending the Yakima Municipal Code related to land use regulations and locations pertaining to recreational and medical marijuana production, processing, research and retailing of such uses to add Family Home Child Care facilities (as licensed under WAC 170 -296A) to the Yakima Municipal Code definition of Child Care Centers found in YMC 15.09.220(B) Senior Assistant City Attorney Watkins briefed Council on the land use regulation and locations pertaining to marijuana to add Family Home Child Care facilities to the Yakima Municipal Code definition of Child Care Centers. Mayor Coffey opened the public hearing. The following community members spoke against the proposal: Jedidiah Haney, City resident; Jim Mullen, non - resident; and Ken Weaver, non - resident. Walt Ranta, city resident, spoke in support of the proposal. Mayor Coffey closed the public hearing. After Council discussion, MOTION: Cousens moved and Mendez seconded to direct staff to draft an ordinance that adds Family Home Child Care facilities as defined and regulated in the Washington Administrative Code to the City's definition of Child Care Centers which will require that there be a 500 foot buffer between Family Home Child Care Centers and marijuana facilities based on what we heard in the public comments. The motion failed by a 4 -3 vote with Adkison, D. Gutierrez, Lover and Mendez voting no. MOTION: Mendez moved and Adkison seconded to direct staff to draft an ordinance that adds Family Home Child Care facilities as defined and regulated in the Washington Administrative Code Section 170 -296A to the City's definition Page 4 of 6 478 of Child Care Centers which will require a 1,000 foot buffer between Family Home Child Care Centers and marijuana facilities based on what was presented in the public comments, including that children should be protected going to and from day cares, that the 1,000 feet is consistent with the rest of the buffered uses, and that all Child Care centers, including family home child care centers, are in regulation with what the planning commission recommended to the City Council. The motion carried by a 5 -2 vote with Cousens and D. Gutierrez voting no. 10. Public hearing to consider amending the Yakima Municipal Code related to land use regulations and locations pertaining to recreational and medical marijuana production, processing, research and retailing of such uses by adding the Small Convenience Center zone to the list of zones in which marijuana retail would be acceptable Senior Assistant City Attorney Watkins briefed Council on the proposal to amend the Yakima Municipal Code related to land use regulation and locations pertaining to marijuana. Mayor Coffey opened the public hearing. The following community members spoke in support of the proposal: Jedidiah Haney, city resident; Justin Heater, city resident; Paul Weaver, non - resident; Jim Mullen, non resident; and Ken Weaver, non - resident. Mayor Coffey closed the public hearing. After Council discussion, MOTION: Cousens moved and A. Gutierrez seconded to direct staff to prepare an ordinance that adds the SCC zones to the list of zones where marijuana retailers are allowed to operate, subject to the buffer requirements, based on what was presented in public comments, including the $300,000 to $400,000 tax income a year, job creation and commerce to be created. The motion carried by a 5 - vote with Mendez and Adkison voting no. CITY MANAGER REPORTS 11. Resolution authorizing the sole source purchase of lighting equipment from Platt Electric for the Yakima Police Department This item was postponed. ORDINANCES 12. Ordinance adopting a requirement for reimbursement for utility improvements and adding Section 7.67: Reimbursement Agreements for Utility Improvements to the Yakima Municipal Code Chief Engineer Sheffield briefed Council on the ordinance. After Council discussion, the City Clerk read the ordinance by title only. ORDINANCE NO. 2016 -016, AN ORDINANCE adopting a requirement for reimbursements for utility improvements and adding Section 7.67: Reimbursement Agreements for Utility Improvements to the Yakima Municipal Code. MOTION: A. Gutierrez moved and Mendez seconded to pass the ordinance. The motion carried by unanimous vote. Page5of6 479 13. Other Business MOTION: Mendez moved and D. Gutierrez seconded that the settlement agreement and release between the City of Yakima and Yakima Neighborhood Health Services be approved, and the City Manager be authorized to execute the settlement agreement and release on behalf of the City of Yakima. The motion carried by unanimous vote. Council Member D. Gutierrez shared her concerns about safety at Miller Park and other parks that are experiencing problems. She would like staff to provide ideas on what other cities are doing to make parks safer. It was Council consensus to ask other committees, such as Parks & Recreation Commission, Council Public Safety and Council Neighborhood and Community Building Committees, to weigh in on this issue and discuss further at the October 4, 2016, Council meeting. 14. Adjournment MOTION: Mendez moved and Cousens seconded to adjourn to the City Council Retreat on September 27, 2016, at 9 a.m. at the City of Yakima University, 421 E. Chestnut Ave, Yakima, WA. The motion carried by unanimous vote. The meeting adjourned at 8:15 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY I ' (jf SA4 . C v OP/I/Vik / /�' / 11 COUNCIL MEMBER / DATE 111 tr 5 t, OTJNCIL MEMBER DA E ATTEST: ) - 40 lit , , A . , a ., , ‘,____,,,,..: ........„.......„,.., __, „ , Yi (_( '(' A , ,,,,,, . I II hblite *Je .4 CITY CLERK` . '` -a+� ��#� 17(1 • I :. . �+ f � L » e !_ * / 1 ELI /N�;1O�= 1 Page 6 of 6 •