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HomeMy WebLinkAbout09/05/2017 06A Draft Council Meeting Minutes ApprovalITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.A. For Meeting of: September 5, 2017 Approval of the minutes from the August 15, 2017, City Council Business meeting and August 14 and 22, 2017, City Council Study Sessions SUBMITTED BY: Sonya Claar Tee, City Clerk SUMMARY EXPLANATION: See attached. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve minutes. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D 8-15 5252017 D 8-14 8/157017 D 8-22 &'252017 Type Cu.er Merin) co er Memo Caner Memo YAKIMA CITY COUNCIL STUDY SESSION August 14, 2017 City Hall --Council Chambers 10:00 a.m. MINUTES Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Maureen Adldson, ANna Gutierrez, Dulce Gutierrez and Bill Lover Staff: City Manager Moore and City Clerk Claar Tee Absent: Council Member Holly Cousens (excused) 2. Camp Hope options City Manager M grateful for Tra community ul, and the City is he homeless Pastor Andy Ferguson, of Trans for a Ima, reported Rey recognize Fomelessness isa communitywide issue and are honored to help serve. He reiewed what the future of Camp Hope could look like if the camp was able to stay at the current location as semi-permanent. He staled TYT envisions a long-term plan that would be phased in and includes multiple "villages" of various populations, including families and individuals with common area facilities that mould be shared within each village. This could include a Nllage similar to Quixote Village in Thurston County with tiny houses. Scott Schafer, Public Works Director, reiewed costs and problems associated with water and sewer connections to the Camp, as well as issues relating to the future expansion of the Wastewater Treatment Plant should this become a permanent camp al the current location. Sara Watkins, Senior Assistant Attorney, briefed Council on zoning problems, highlighting the following concerns: • Homeless camps are not addressed in the City code and mayfall into one of four areas 1) campground, 2) multHamily dwelling, 3) mission and 4) undefined use. • In the current zoning, multi -family and mission use are not allowed and campgrounds are for recreational purposes, which leaves undefined use. • To apply under the undefined use requires a public hearing by the Hearing Examiner with additional requirements. Lee Murdock, non-resident, spoke in opposition to Camp Hope and shared her concerns 9 regarding outcome measurements, auditing and whether all filing requirements are being met. The following community members spoke in support of Camp Hope: Patty Medina; Jodie Miller; Aileen Kane (with conditions of financial accountability); Dawn Campbell; Mary Fromm; John VerHuel; Dana Smalley; Shawn Campbell; Verlynn Best; and Trenton Wells. Larry Mattson, Yakima Valley Conference of Govemments (YVCOG) Executive Director, spoke in support of TYT's proposal and noted the importance of ending the winter emergency shelter cycle. Pastor Ferguson noted in response to Ms. Murdock, in terms of an audit, prior to this year TYT did not have more than $50,000 in receipts and therefore did not have the same filing requirements. Additionally, of the funds received from YVCOG, nearly half is for tiny homes and the other half is for Camp Hope with all receipts and expenditures on file at YVCOG for public review. Mike Kay, Camp Director, reported there is a curfew in order to work with guests to ensure they have a bed each night as they are oftentimes at capacity. City Manager Moore explained this information is for Council consideration and no action is expected at this time. He reminded Council that the City has invested over $12 million dollars through CDBG and Home Funding from the Federal Government to assist with low income housing over the last decade and although the City does not have funding to be responsible for the homeless, the City is committed to helping. 3. Adjournment MOTION: Mendez moved and D. Gutierrez seconded to adjourn to the next Council BHal. The ofe ug 17,o at)�i. i drsjo atrn City Hall. The mot Carrie• y :nimou ote, ens sent. Them ting adjourned at 11:02 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITYCLERK MAYOR 2 YAKIMA CITY COUNCIL August 15, 2017 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES BUSINESS MEETING Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carnen Mendez, Council Menters Maureen Adkison, Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover Staff: City Manager Moore, City Attorney Cutter and City Clerk Clear Tee Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. Interpreter Services Mayor Coff Open Disc A tio d h en st eennor��nnou ed interprets anises are available. City Manager Moore provided an update regarding the search for an Assistant City Manager and Diredor of Finance and Budget. B. Appointments to Boards, Commissions and Council Commftees Consideration of Council Member Dulce Gutierres application to WA State Partnership on Juvenile Judice MOTION: Mendez moved and Cousens seconded to approve Council Member D. Gutierrez's application for this committee. The notion carried by a unanimous vote. Council Reports A Council Partnerships Committee meeting follow-up 1. Discussion of a draft letter to President Trump re: DACA Mayor Coffey briefly described DACA requirements. Council Member D. Gutierrez thanked the Mayor for supporting this issue and her willingness to support the immigrant community. Council Member Lover stated he is a strong supporter of DACA and the BridgeAct, however, he feels this letter should be nonpartisan. Council Member Atlkison agreed. MOTION: D. Gutierrez moved and Mendez seconded to accept the letter and send to Page 1 of 6 3 the President. MOTION: A. Gutierrez moved and Cousens seconded to strike paragraph 1, 2, and 9 and rewrite the letter without them. The motion to amend carried by a unanimous vote. The motion as amended carried by unanimous vote. MOTION: D. Gutierrez moved and Coffey seconded to bring this letter back to the next City Council meeting for approval. The motion carried by a unanimous vote. The following community members spoke in support of the letter: Aileen Kane, City resident; David Morales, City resident who also provided a letter of support from La Casa Hogar; Kristen Burke, City resident. 2. Discussion of draft letter to U.S. Congress members re: H.R. 2997 MOTION: Lover moved and Cousens seconded to approve moving this letter forward. The motion carried by a unanimous vote. 3. Discussion of draft letter re: Historic Preservation Commission request for funding generated from recorded documents surcharge MOTION: Adkison moved and Cousens seconded to approve moving this letter forward. The motion carried by a unanimous vote. B. Discussion regarding neighborhood forums Council Member D. Gutierrez reported the Public Safety Committee is preparing to host multiple nei •d for - • subje public d d Council members and commu y me rs reques neig ood f m. The Co ttee is planning to conduct ap of 201 (with flexibility to accommodthe public or uncil). Recognizing the budget con aints • e y, the 'm tee m .e will actively s k low cost or free facilities wh - - orums . n be h .. d will al . e ourage resid s to assist with promotional efforts. MOTION: D. Gutierrez moved and Mendez seconded to accept the proposal for neighborhood forums as presented today and grant the Public Safety Committee permission to move forward with solidifying forums and hosting them. The motion carried by unanimous vote. C. Accept July 20, 2017, Council Nominating Committee minutes MOTION: A. Gutierrez moved and Mendez seconded to accept the 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 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: Adkison moved and Mendez seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approval of the minutes from the July 11, 19 and August 1, 2017, City Council Page 2 of 6 Business meetings, July 25, 2017, City Council Retreat and August 8, 2017, Special City Council meeting/Partnership Committee meeting B. Approve payment of disbursements for the period July 1 — 31, 2017 C. 2nd Quarter 2017 Capital Improvement Projects Report D. Resolution authorizing the Chief of Police's execution of recurring annual agreements with the United States Department of Justice, Drug Enforcement Administration 4 RESOLUTION NO. R-2017-099, A RESOLUTION authorizing the Chief of Police's execution of recurring annual agreements with the United States Department of Justice, Drug Enforcement Administration. E. Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc., in an amount not to exceed $123,829 to provide construction administration concerning Security Gate Improvements at the Yakima Air Terminal -McAllister Field RESOLUTION NO. R-2017-100, A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc., in the amount not to exceed $123,829.00 to provide construction administration concerning Security Gate Improvements at the Yakima Air Terminal -McAllister Field. 7. Public Comment PUBLIC C Teodoro M homeless s children an arket location for about the future, Cassie Collins, City resident, believes the City needs to build better trust between law enforcement and the community as community members are afraid to contact the police in fear of being questioned about immigration status. Susan Soto Palmer, City resident, thanked Council for their support in the Roy's Market location for the homeless and encouraged Council to work with the Crime Victim Service Center in conjunction with the upcoming public safety forums. PUBLIC HEARINGS 8. Closed record hearing to consider an appeal regarding the Hearing Examiner's decision on a request from Yakima Neighborhood Health Services for a proposal to convert an existing commercial building into a multi -family residential development Mayor Coffey called the hearing open, and read the following statement: this is a closed record hearing, which means that no new evidence can be submitted during this process. The only evidence that can be discussed is evidence that was put into the record at the Hearing Examiner's open record hearing on May 1, 2017. The Council will not consider any evidence other than that that is in the record. The record includes all testimony provided at the Hearing Examiner's open record hearing, written documents submitted to the Hearing Examiner, and all public comments. That information was provided to the Council members prior to this appeal hearing and Council members have had the opportunity to review the record prior to Page 3 of 6 5 this hearing. This is an appeal of the Hearing Examiner's decision. The Council is sitting as an appellate body, not as finders of fact. The issue before the Council is whether the Hearing Examiner erred in his determination, based on the facts in the record and the Yakima Municipal Code. This is a quasi-judicial hearing. As such the Appearance of Fairness doctrine controls. Council members, please answer 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?All Council members said no. 2. Do you stand to gain or lose any financial benefit as a result of the outcome of the appeal?AII Council members said no. 3. Can you hear and consider the application in a fair and objective manner?All Council members said yes. 4. Have you had any ex parte communications with any appellant (Ms. Scott or anyone listed in the appellant's submission) or respondent (anyone from Yakima Neighborhood Health Services or their representatives)? If so, please place on the record the substance of your communications so that interested parties have the opportunity to rebut the communications. Council Members Cousens, Mendez, D. Gutierrez and Adkison stated they have not. Council Member D. Gutierrez stated she had one instance prior to reviewing the record, when an appellant shared her opinion. Council Member Lover stated this has been before Council for years and therefore, has talked to most of the appellants and proponents; however, he will be fair and objective. Mayor Coffey stated she talked to both appellants and proponents over the years due to Council business but has not had any recent communications. Is there an on the app challenge. ipation in this appeal HS stated they have no Mayor Coffey reported on ow the hearing will be conducted. MOTION: Mendez moved and D. Gutierrez seconded to allow up to 45 minutes for Appellants' argument, up to 45 minutes for Respondent's argument, and 10 minutes for rebuttal The motion carried by unanimous vote. Joseph Calhoun, Planning Manager, stated this appeal concerns an application submitted by YNHS for property located at 201 S. 6th St. in the Small Convenience Center (SCC) zoning district. The application proposes redevelopment of the existing structure into: 1) Multi -family development consisting of 5 dwelling units — Class 2 use in SCC; and, 2) Cafe/Deli and Laundromat — Class 1 use in the SCC. The application also included: 1) an Administrative Adjustment to the parking standard from 36 to 15 stalls; and, 2) SEPA Environmental Review. Mr. Calhoun reviewed the timeline and events of the entire process, and reminded Council and the public that this is a Closed Record appeal, no new evidence can be submitted, and no one other than the appellants and respondents to the appeal can make arguments at this hearing. Benine McDonnell, City resident, and appellant, stated the appellants are asking for a reversal of the Hearing Examiner's decision as they feel the definition of multifamily comes into question with only five rooms and possibly eight people per room, possibly unrelated. Additionally, they are concerned with parking since most people would want to park in front of a Laundromat or deli instead of walking even a short distance, and currently, neighboring residents are already parking on the planting strip because there are no other places to park. Maud Scott, City resident and appellant, stated she may not have the technical expertise to Page 4 of 6 6 delve into the building plans or legal jargon; however, she does have experience with her neighborhood and has heard a lot of nearby homeowners are ready to sell their houses and move away. As a property owner, she said it is hard to put your heart and soul into a property and then the whole climate changes. Unfortunately, they could not hire an attorney to help them appeal this decision. She noted how difficult it is to picture how YN HS's plan will function in the neighborhood or how the neighbors will be treated. Verlynn Best, Chamber of Commerce CEO/President and appellant, implored Council to look at this closely and the effect it will have on the neighborhood and surrounding businesses. Rich Hill, legal counsel for Respondent, YNHS, asked Council to affirm the decision by the City of Yakima Planning staff and the Hearing Examiner as the appeal has no merit, no basis in fact and is unsupported by the law. He reviewed the facts found by the Hearing Examiner as reported in the record, as well as reviewing the PowerPoint by Robert Ferry on the architecture and programming of the building, which is also in the record. Mr. Hill reminded Council that their role was solely to decide whether the Hearing Examiner had properly interpreted City code and zoning ordinances in ruling that the Roy's project was in compliance. He noted the Hearing Examiner essentially wrote that any impact this project may have on the community would not be any worse than the current impact with homeless individuals living on nearby streets. He stated the appellants relied on spurious and untruthful stereotypes about the homeless, which the Council should disregard. Benine McDonnell, in her rebuttal comments noted they are not attorneys, just citizens who with common sense have tried to appeal this decision, which is a citywide issue, not just a 300 foot issue. She re.orted the feel a clean and sober model is what works best in helping homeless fi anve dr a nd al Maud Sco difficult to s major conc r this and so many times it is ue. She com nted that they have it families an roperty. MOTION: Mendez moved and D. Gutierrez seconded to adjourn to a closed session under RCW 42.30.140(2) for deliberation (7:32 p.m.). The motion carried by unanimous vote. Mayor Coffey called the meeting back to order (8:06 p.m.) Council Member Lover feels the architectural drawing is a distraction and doesn't feel it will pass muster. Assistant Mayor Mendez raised a point of order stating Council members should stay on topic. Mayor Coffey stated the point is well taken. Council Member A. Gutierrez commented that had the discussion been about the concerns of the neighboring residents, instead of the narrow focus on compliance with City code, the outcome may have been different. She shared her frustration with comments made by the respondent about the appellants. Mayor Coffey raised a point of order stating Council members should refrain from making personal remarks. Council Member A. Gutierrez appealed the point of order. The point of order was affirmed by a 5-2 vote, with A. Gutierrez and Lover voting no. After further discussion, Mayor Coffey closed the hearing. MOTION: Coffey moved and D. Gutierrez seconded to affirm and adopt the Hearing Examiners decision. The motion carried by a 4-3 vote, Adkison, A. Gutierrez and Lover voting Page 5 of 6 7 no. 9. Other Business None. 10. Adjournment MOTION: Mendez moved and D. Gutierrez seconded to adjourn to a Council Study Session on August 22, 2017, at 10 a.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 8:29 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CI COUNCIL MEMBER DATE COUNCIL MEMBER DATE RAFT Page 6 of 6 10 YAKIMA CITY COUNCIL STUDY SESSION August 22, 2017 City Hall --Council Chambers 10:00 a.m. -- MINUTES Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Carmen Mendez, Council Members Maureen Adldson, Holly Cousens, Avina Gutierrez, Dulce Gutierrez and Bill Lover Staff: City Manager Moore and City Clerk Claar Tee Downtown parking inventory, revenue and enforcement presentation Sean Hawdns, Economic Development Manager and James Dean, Utility Customer Services ManoMe. •ointoarking, �k enforcement. iMr. s incorrect, ami aslid: dic hear covereda3 block area, which is incorrect, the MOTION: A o dan• on se for stafftjroceed with implementation o option ' ren. M • N: A. Gutierrez moved and Mendez seconded to amend the motion to include the words "staff bring a proposal for option three."The motion to amend carried by a 5-2 vote, Cousens and Lover voting no. The motion as amended carried by a 5-2 vote, Cousens and Lover voting no. It was Council consensus for staff to bring back the following: 1) return on investment report for option three to include revenue and expense estimates; 2) return on investment report for Streetline parldng to include possible reductions in personnel; and 3) potential grants to help pay for street improvements to prepare for a possible ramp to the Yakima Mall on 3rd street. Council Member Lover staled he believes closing the downtown parldng lot for a week will prove that eliminating parking to create a plaza or charging for parking will hurt downtown businesses. MOTION: Lover moved and Cousens seconded for staff to bring back a proposal of howto implement the closing of the downtown parking lot for 35 tlays. MOTION: Cousens moved to amend the motion and state up to two weeks. The motion failed due to lack of second. MOTION: Cousens moved to amend the motion and state up to a week and place it on the next Council agenda. The motion failed due to lack of a second. MOTION: A. Gutierrez moved and Cousens seconded to amend the motion by adding to close the parking lot for seven days. The motion to amend carried 11 by a 4-3 vote, Adkison, Coffey and Mendez voting no. The motion as amended (staff to bring back a proposal on how to implement the closing of the downtown parking lot {across from the Capitol Theatre) for seven {consecutive} days) carried by a 4-3 vote, Adkison, Coffey and Mendez voting no. 3. Overgrown vegetation issues Joe Caruso, Code Administration Manager, briefed Council on the overgrown vegetation issue. He requested Council approve a code amendment to add to the definition in Chapter 11.10.060 a height requirement of "12" inches under "Nuisance" to clearly identify the violation. MOTION: Mendez moved and Adkison seconded to bring back the code amendment as presented. The motion carried by unanimous vote. 4. Resolution and public comment authorizing an I nterlocal Agreement with Yakima County regarding the 2017 JAG Grant Lieutenant Boyle, Yakima Police Department, briefed Council on the grant. MOTION: A. Gutierrez moved and D. Gutierrez seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2017-101, A RESOLUTION ratifying an application for a grant in the total amount of ' from d Stat epart Administration, n: emo Just' ssist 5. Adjournment MOTION: A. c '—' o d to to th%e City CounBusiness meeting on September , 17, at 6 p.m. in t e ouncil ambers. The motion carried by unanimous vote. The meeting adjourned at 11:38 a.m. au of Justice CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITYCLERK MAYOR