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HomeMy WebLinkAbout03/20/2018 06A Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.A. For Meeting of: March 20, 2018 ITEM TITLE: Approval of the minutes from the February 20 and March 6, 2018, City Council Business meetings; February 21, 2018, City Council study session; February 26, 2018, City Council Special meetings and March 1, 2018, City Council Briefing SUBMITTED BY: Sonya Clear Tee, City Clerk SUMMARY EXPLANATION: See attached. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O 2-20 3/15/2018 O 2-21 3112/2018 O 2-26 ES 3/12/2018 O 2-26 31122018 O 3-1 3/122018 O 3-6 3/12/2018 Type Cover Memo Cover Memo Co\,er Memo Coyer Memo Coker Memo Coker Memo 2 YAKIMACITY COUNCIL February 20, 2018 City Hall -- Council Chambers 5:00 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending and prospective litigation Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White MOTION: Gutierrez moved and Mendez seconded to adjourn to an Executive Session regarding pending and prospective litigation for up to one hour. The motion carried by unanimous vote. Executive 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White Staff: City Manager Moore, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. 3. Interpreter Services Mayor Coffey introduced Jorge Villasenor who announced interpreter services are available. 4. Open Discussion for the Good of the Order A. Presentations / Recognitions / Introductions i. 2017 Sundome Annual Report State Fair Park Assistant General Manager Greg Lybeck introduced Anne Moneymaker, Sales and Marketing Manager, who presented the 2017 Sundome Annual Report. ii. Recognition of retiring Deputy Fire Chief Mark Soptich Fire Chief Bob Stewart recognized retiring Deputy Fire Chief Mark Soptich for his five years of service. Page 1 of 8 3 iii. Recognition of retiring Fire Chief Bob Stewart City Manager Moore recognized retiring Fire Chief Bob Stewart for his 30 years of service to the City of Yakima. B. Appointments to Boards, Commissions and Council Committees i. Appointments to Boards & Committees Council Member Mendez stated she was elected as Chair of the Council Partnership Committee, which reviewed applications for several Boards & Committees at the recent meeting. MOTION: Cousens moved and Funk seconded to appoint the following members: Yakima Housing Authority Bob Ponti Linda Chaplin Orozco Hotel/Motel — Tourist Promotion Area Sara Allen Lisa Vallejo Sydney Taylor Pons Lod•'i • ,xAdv. • r •mmittee Joh Gre Sar Paul Cook Community Integration Maria del Rocio Carrion Estrada Laura Armstrong Sandra Aguilar Dori Peralta Baker Wyatt Kanyer Kyle Curtis Chad Stover Brenda Badillo — Youth Member Brenda Torres Salcedo — Youth Member Historic Preservation Commission Alixanne Pinkerton FT The motion carried by unanimous vote. Council Member Mendez noted they will be interviewing for the Community Review Board and Planning Commission in the near future. 5. Council Reports A. Update of Strategic Planning Process Assistant City Manager Cortez briefed Council on the Strategic Planning process and stated Page 2 of 8 4 retired Assistant City Attorney Mark Kunkler has agreed to be the pro bono facilitator for this process. It was Council consensus to discuss this plan in more depth at the Study Session scheduled for tomorrow and to have Mr. Kunkler attend. 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: Gutierrez moved and Cousens seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approve payment of disbursements for the period January 1 – 31, 2018 B. Approval of the minutes from the January 2 and 16, 2018, and February 6, 2018, City Council Business meetings; January 11 and February 1, 2018, City Council Briefings; January 9, 2018 and February 5, 2018, City Council study sessions and February 6, 2018, City Council Special meeting C. Project completion and contact acceptance for Granite Construction Company - 2017 Pavement Repair Project (Standard Motion V -B -Accept the project and D. 'ty of Ti n and Yakima Tieton a ie on Irrig on District water to the RESOLUTION NO. R-2018-016, A RESOLUTION authorizing the City Manager to execute the attached and incorporated lease agreement with the City of Tieton and Yakima-Tieton Irrigation District to lease 30 shares of Yakima-Tieton Irrigation District water to the Town of Tieton for the water year 2018. E. Resolution authorizing execution of Addendum 4 to the Engineering and Consulting Services Agreement with Golder Associates, Inc. 2011-085 for $103,550 to complete permitting efforts for the Naches River Water Treatment Plant Intake Project RESOLUTION NO. R-2018-017, A RESOLUTION authorizing execution of addendum 4 to the engineering and consulting services agreement with Golder Associates, Inc. 2011-085 for $103,550 to complete Permitting efforts for the Naches River Water Treatment Plant Intake Project. F. Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services together with Task Order 2018-01 for water main replacement on Hathaway Street RESOLUTION NO. R-2018-018, A RESOLUTION authorizing a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services to provide engineering services together with Task Order 2018-01 for water main replacement on Hathaway Street. Page 3 of 8 5 G. Resolution authorizing an Airport Lease Agreement with McCormick Aircraft Hangars, LLC, for property south of 2810 West Washington Avenue RESOLUTION NO. R-2018-019, A RESOLUTION executing an Airport Lease Agreement with Robert E. McCormick dba McCormick Aircraft Hangars, LLC, for property south of 2810 West Washington Avenue. H. Resolution authorizing a Right -of -Way Use Permit for a fire escape that projects up to 4 feet 4.5 inches into the right-of-way on the east elevation of the building at 105 S. 1st St. RESOLUTION NO. R-2018-020, A RESOLUTION authorizing issuance of a right-of-way use permit to allow the construction of a fire escape at 105 S. 1st St. 7. Public Comment None. PUBLIC HEARINGS 8. First public input meeting on the 2017 Consolidated Annual Performance Evaluation Report (CAPER) ON DS Manager Matthews briefed Council on the public input meeting. ublic meeting and, with no one coming forward to speak, closed the Mayor Coff stated -r: _ on n: at t s this iUm will be brought back at the Marc '0, 201 C• cil ing •u meeting. 9. Public Hea • - • ' esol • ion decl- • certain • •p y originally pof Drainage Improvement District #48 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends Chief Engineer Sheffield briefed Council on the item. Mayor Coffey opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Mendez seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2018-021, A RESOLUTION declaring certain property originally part of Drainage Improvement District #48 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends. 10. Public meeting and resolution to consider the final plat approval of Rainier Court located at 8911 SummitviewAvenue Trevor Martin, Associate Planner, briefed Council on the resolution. Mayor Coffey opened the public hearing and, with no one coming forward to speak, closed the Page 4 of 8 6 hearing. The City Clerk read the resolution by title only. MOTION: Cousens moved and Mendez seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. R-2018-022, A RESOLUTION approving the final plat of Rainier Court and authorizing the Mayor to sign the final plat. 11. Closed record hearing to consider an appeal of the Hearing Examiner's decision regarding a proposed 80 -unit affordable housing community known as Bicycle Apartments LLC Mayor Coffey stated this item is a closed record hearing, which means that no new evidence can be submitted during the hearing. Only evidence that was put into the record can be discussed, and this is an appeal of the Hearing Examiner's decision. The Council is sitting as an appellate body, not as finders of fact and the issue before Council is whether the Hearing Examiner erred in his determination, based on the facts in the record and the Yakima Municipal Code. Mayor Coffey reported this is a quasi-judicial hearing and as such, the Appearance of Fairness Doctrine controls. Mayor Coffey asked each Council member to 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 stated no. 2. Do yi • gai - y fina -1 bene tcome of the appe. 'All C► cil ember tate 3. Can hear - c - - app manner and without bias? II Cou m be ated 4. Have • - ► y : parte • 'cation ny appellant�ttorney James Adams, Lynn - -, I avid . honey, - • • -rt Vicke , dley Tew, Ti Martinez or any of their spouses) or respondent (anyone from Next Step Housing 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. All Council members stated no. Mayor Coffey asked if anyone wished to challenge any council member's participation in this appeal on appearance of fairness grounds. There were no challenges. Mayor Coffey outlined how the hearing will be conducted, starting with a staff report. Joseph Calhoun, Planning Manager, stated this appeal concerns an application submitted by Next Step Housing for property located at 118 N 50th Avenue in the Profession Business (B-1) zoning district. The proposal is for an 80 -unit affordable housing community consisting of five 3 -story buildings with 120 parking spaces on the currently vacant 2.98 acre parcel. The proposed development is a Class (2) Use and will require a Type 2 and Environmental Review. After additional information was provided by Mr. Calhoun, MOTION: Gutierrez moved and Cousens seconded to allow up to 30 minutes for the appellant and respondent to give presentations. The motion carried by a unanimous vote. MOTION: Cousens moved and Gutierrez seconded to set a 10 minute time limit for rebuttals. The motion carried by a unanimous vote. Mayor Coffey opened the public hearing (comments are summarized). Page 5 of 8 7 James Adams stated he represents several land owners in the area, and he feels the real issue is whether the scope of this project overburdens 50th Avenue. He believes the Hearing Examiner failed in his duty to properly consider all aspects of this project. Mr. Adams referenced the aerial photos and stated the Hearing Examiner did not take into account the impact of traffic on N. 50th Avenue, nor the more than 550 roundtrips anticipated per day by the occupants of this project. He also reported the traffic study was completed before a nearby school was opened and does not account for the added impact of school traffic. The nearby businesses rely on the on -street parking for their employees and customers, and this project will completely displace their parking in addition to the parking for those who live there. He stated the City's response to the parking issue was to say that if traffic becomes a problem, then they would restrict the on -street parking. This will have a negative impact on the local businesses, creating more parking issues. The Hearing Examiner recognized this problem when he proposed that if and when it becomes a problem, the applicant would open its parking lot to the people who normally park on the street. Mr. Adams and his clients feel this project is not compatible with the neighborhood, and the Hearing Examiner made an arbitrary and capricious decision to suggest that it is. Mr. Adams requests that the Council reduce the size of the project to something more compatible with this neighborhood, and at the very least, remand the issue back to the Hearing Examiner for purposes of addressing traffic on N. 50th Avenue. Mr. Adams also feels the City's grant of $500,000 for this project is a violation of the Appearance of Fairness Doctrine. Mayor Coffey asked about the grant. City Manager Moore noted the funding is from the federal government for low-income housing and the City will not obligate the money until the appeal process is over. If this pro'ect is not approved it will be reinvested in another project. Tom Lovell, directly sou that narrow street :v: lowe narrower st d cr: to addi ove Homeow rs Association located put ou document indicating Ip this area, t Mr. Lovell believes in the neigh hood. David Mahoney, City resident, stated he owns property across from the development area and he feels the increased traffic will adversely affect the neighborhood. He believes an option would be to widen the street, which should be the responsibility of the project owners. Dorothy Edgerton, City resident, shared her disappointment in this hearing process. She feels this project will adversely affect the neighborhood. Debby Morgan, business owner, shared her concerns over the traffic impact to the businesses and neighborhood. David Belzer, City resident, questioned the results of the traffic study and feels the traffic impacts on the neighborhood from this project are too great. Respondent, Glenn Amster, Kantor Taylor Law Firm, reported he represents the Bicycle Apartments and stated he has two objectives. First, he realizes the Hearing Examiner has determined the contingent condition is moot, as he (Mr. Amster) objected to the contingency and there was no counter to that objection. However, Mr. Amster needs written documentation from Council for lenders and bond counsel, etc. acknowledging that the contingency condition is irrelevant. Second, Mr. Amster stated with respect to the traffic on North 50th Avenue, there was a traffic report which included this information published two months before the City's decision. The report was accepted by the City's Chief Engineer and Traffic Operations Manager. In terms of a parking issue, Mr. Amster noted it's hard to comprehend how business Page 6 of 8 8 owners who have not provided adequate parking for their employees and customers are now blaming a new proposal for that lack, when the proposal itself will provide at least twice as much parking as the demand would suggest. He indicated the traffic report does have traffic numbers for N. 50th Avenue during peak hours, as well as general daily volume, and it doesn't overburden the street system, and the appellants did not provide evidence that shows anything different. With respect to the contingency, he thinks the Hearing Examiner was trying to anticipate the City removing parking from the street which is speculative and there is no support for that, which is why he (Mr. Amster) objected to it and why he asks Council to make a specific finding that it is not appropriate. He stated there will be an increase in traffic, as there would be for any project proposed for this vacant piece of property. He also stated there is no evidence that the school opening in the area will unreasonably burden N. 50th Avenue or that this proposal would cause that capacity to be exceeded. He urged Council to affirm the Hearing Examiner's decision. In his rebuttal, Mr. Adams stated the traffic study didn't say anything about N. 50th Avenue and the Hearing Examiner did not address the impact of the recently opened school in the neighborhood, which is why he feels the Hearing Examiner's decision is without basis. He stated in the Hearing Examiner's decision the traffic study by the applicant did not talk about the level of service on N. 50th Avenue and acknowledged that no one has studied the parking on both sides of the street with the new school. He stated his clients feel full consideration was not given to the traffic impact on N. 50th Avenue of this project. Mayor Coffey closed the hearing. Council Member Funk stated she would like to assure the public that Council read the testimony at length and with concern. MOTION: • •. ut - ed a ouse : • rn to Executive Session to old de -r- • ns fo p to ' ute ' er RCW 42. 140(2). The motion carried by :nimou •t: _ e S- . • s h: , . ..djourn: at 8:15 p.m. MOTION: - ed d Cou econd, t t the Hearin xaminer's Decision has a contingent condition on page AA 27 #4. This has been appealed by Next Step Housing and is not contested. This is considered void and is no longer part of the decision being considered. The motion carried by unanimous vote. MOTION: Cousens moved and Funk seconded to affirm and uphold the Hearing Examiners decision. The motion carried by unanimous vote. Council members stated the Council recognizes this is a contentious and emotional issue; however, the appeal is limited in scope to the traffic impact on N. 50th Avenue. Council Member Cousens stated if there are any traffic concerns to please bring those concerns to the Council Public Safety Committee. 12. Other Business Council Member Cousens suggested adding the homeless issue to the Council's next agenda. Council Member Hill stated as the Council's representative on the Yakima Valley Conference of Governments (YVCOG) Board that he will report back to Council on their efforts regarding the homeless. He noted YVCOG is planning to utilize tiny home funds to extend the homeless shelter currently in place. Mayor Coffey reported she and Council Member Mendez attended a meeting with the YMCA and there is another meeting scheduled for Friday. She recommends that she, Assistant Mayor Gutierrez and Council Member Mendez continue representing the Council in these meetings for consistency. Page 7 of 8 9 MOTION: Mendez moved and Funk seconded to have Gutierrez, Coffey and Mendez attend the YMCA meetings. The motion carried by unanimous vote. City Manager Moore reported on Public Safety Forums to be held this week and next. 13. Adjournment MOTION: Gutierrez moved and Mendez seconded to adjourn to a City Council Study Session on February 21, 2018, at 11 a.m. at City Hall in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 8:36 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER ATTEST: DAT E Page 8 of 8 YAKIMA CITY COUNCIL STUDY SESSION February 21, 2018 City Hall -- Council Chambers 11 a.m. -- MINUTES 1. Roll Call 10 Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White Staff: City Manager Moore, Assistant City Manager Cortez and Acting City Clerk Stephens Guest: Mark Kunkler, Facilitator 2. Strategic Planning update City Manager M Assistant City the three differe After Council di tator for tod ity M ere included meeting and ger Cortez reviewed the agenda packet. MOTION: Funk moved and Hill seconded to adopt and renew the standing vision statement. MOTION: Hill moved and Gutierrez seconded to amend the motion to change the word from create to advance in the Vision Statement. The motion to amend carried by a 6-1 vote, Coffey voting no. The motion as amended carried by a unanimous vote. Mayor Coffey stated the City of Yakima's Vision Statement is now "To advance a culturally diverse, economically vibrant safe and strong Yakima community." MOTION: Gutierrez moved and Cousens seconded to accept the Mission Statement as presented. The motion carried by a unanimous vote. The City of Yakima's Mission Statement is now "To provide outstanding services that meet the community's needs; to govern responsibly by effectively managing and protecting public resources; to build trust in government through openness, diverse leadership, and communication; to strategically focus on enhancing Yakima's quality of life." Mr. Kunkler reviewed ground rules and reiterated the crucial role of Council is to provide policy direction to staff and staffs role is to put them into action. MOTION: Gutierrez moved and Mendez seconded to revise the priority committee structure and two-year action plan throughout this process and have four total 11 meetings. The motion carried by unanimous vote. Assistant City Manager Cortez distributed copies of the priorities, the current Committee structure and the Committee structure as proposed by Council Member Funk. Council discussed the priorities in the current Strategic Plan that includes Public Safety, Economic Development, Partnership, Public Trust and Accountability, and Built Environment. Council Member Mendez clarified the focus was narrowed to Economic Development, Neighborhood and Community Building, Public Safety, and Partnership Development. After Council discussion it was consensus to change the Committee name from Built Environment to Built Environment and Land Use. Council discussed Public Trust and Accountablity. City Manager Moore clarified his understanding is to ensure fidelity with the Open Public Meetings Act, responsiveness to public records requests, and being open and transparent as staff and Council Members in the conduct of City business. Council directed staff to provide a description of how staff can uphold Public Trust and Accountability through our every day operations. Mr. Kunkler mentioned there are several statutes that govern ethics and code of conduct for public employees. MOTION: Hill moved and Gutierrez seconded to accept the current priorities as Economic Development, Public Safety, Built Environment and Land Use, Partnership Development as well as Public Trust and Accountability. The motion carried by a 6-1 k v Council agreed Coffey suggest mention Public Marc 7, 2018. Mayor n Statement cause it doesn't ur City. 3. Public comment (allow 15 minutes) Tony Courcy, City resident, spoke on several issues. 4. Adjournment MOTION: Hill moved and Gutierrez seconded to adjourn to a City Council Briefing on March 1, 2018, at4 p.m. at City Hall in the City Manager's Conference Room. The motion carried by unanimous vote. The meeting adjourned at 12:15 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITYCLERK MAYOR 13 YAKIMACITY COUNCIL SPECIAL MEETING February 26, 2018 City Hall -- Council Chambers 4 p.m. -- MINUTES 1. Roll Call Council: Mayor Kathy Coffey, presiding, Council Members Holly Cousens, Kay Funk, Carmen Mendez and Jason White Absent: Council Member Brad Hill (excused) and Assistant Mayor Dulce Gutierrez (excused) Staff: City Manager Moore, City Attorney Cutter and Acting City Clerk Regimbal 2. Consideration of temporary telephonic participation in a Council meeting City Attorney Cutt other cities on tele options before ma Council Member back to the Counci make a recommendation. on has -viousl and examples from Co L eeti s. He sugge d Council review the d the recom endatio ship s r ee review th�xamples and come uncil Me • Funk sugge d the Legal Division MOTION: Funk moved and Cousens seconded to have Legal come up with a recommendation. Council Member Funk withdrew her motion with Council consensus. Council Member Funk asked why this would go before the Partnership Committee. City Manager Moore reported one of the responsibilities of the Partnership Committee is to oversee the Council's Rules and Procedures and Policies. MOTION: Mendez moved and White seconded to send this item to the Partnership Committee. Council Member Funk asked if she could abstain and Mayor Coffey stated that was not possible. The motion carried by a unanimous vote, Gutierrez and Hill absent. Council Member Mendez suggested the Partnership Committee should review the Council's Rules and Procedures, as well as Policies, and bring back recommendations for the entire Council. Mayor Coffey agreed. 3. Adjournment MOTION: Mendez moved and Cousens seconded to adjourn to a Special City Council meeting, today at 4:30 p.m. at City Hall in the Council Chambers. The motion carried by unanimous vote, Gutierrez and Hill absent. The meeting adjourned at 4:20 PM Page 1 of 2 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: 14 COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2 12 YAKIMA CITY COUNCIL SPECIAL MEETING February 26, 2018 City Hall -- Council Chambers 4:30 p.m. -- MINUTES 1. Roll Call Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Carmen Mendez and Jason White Absent: Council Member Brad Hill (excused) Staff: City Manager Moore, City Attorney Cutter and City Clerk Claar Tee 2. Executive Session regarding prospective litigation MOTION: Mend: -. an' -z sec• ped to to one hour rega ing p . p = ' : tion j ' moti Executive Sessio 3. Adjournment MOTION: Cousens moved and Mendez seconded to adjourn to a City Council Briefing on March 1, 2018, at 4 p.m. at City Hall in the City Manager's Conference Room. The motion carried by unanimous vote, Hill absent. The meeting adjourned at 5:30 p.m. e Session for up mous vote, Hill absent. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYO R Page 1 of 1 YAKIMA CITY COUNCIL STUDY SESSION March 1, 2018 City Hall -- City Manager's Conference Room 4 p.m. Council briefing -- MINUTES 1. Roll Call 15 Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez (left at 4:55 p.m.), Council Members Holly Cousens, Kay Funk, Carmen Mendez and Jason White Absent: Council Member Brad Hill (excused) Staff: City Manager Cliff Moore, Assistant City Manager Ana Cortez, City Attorney Jeff Cutter, Communications & Public Affairs Director Randy Beehler and Acting City Clerk Jodi Stephens 2. Council update MOTION: Fun up to 45 minu djourntoE n carried by absent. Executive Session was held and adjourned at 4:45 p.m. cutive Session for animous vote, Hill Assistant Mayor Gutierrez and Council Member Cousens requested to add terminating the Yakima Central Downtown Plaza project to the March 6, 2018, agenda as Ms. Gutierrez believes the City can no longer afford this project with all of the other projects underway. Mayor Coffey voiced her disappointment with this action, especially since the Plaza Committee raised over $9 million as requested by the City Council. Council Member Funk brought up a concern at the Public Safety Forum about several group homes housing people with addictions and other potential problems. She stated she will discuss this issue further with City Manager Moore and bring it back to Council for discussion. She stated she would also like to revisit the Pit Bull Ordinance. Assistant Mayor Gutierrez shared a list that was created following the Public Safety Forums including potential agenda items for a joint meeting with the Yakima School District: 1. Active shooter drills and City/YPD coordination 2. After school and summer activities 3. Reducing out of school suspension and truancy 4. Surveying capacity for Safe Routes to Schools Grant application 5. Prevention/Intervention activities for 4th graders 6. Mentorship programming 7. Literacy programming 16 8. Partnership with Beyond the Bell Council Member Cousens mentioned Eschbach Park and the potential for disc golf at that location. She stated she will bring this up for discussion at the next Council meeting. Council Member White updated members on the Historic Preservation Meeting and the plans to survey the people in the Naches Parkway area for the potential of creating a historic district. He announced there is a conference call on March 8, 2018, and stated there will be a presentation on March 20, 2018. He also voiced his concerns about the overlap at some locations for summer programming and would like to see it addressed. He noted the Bicycle Master Plan has come together nicely and is very supportive of the plan. 3. Agenda preview for March 6 & 20, 2018 City Manager Moore reviewed the March 6, & 20, 2018 agendas. 4. City Manager update Assistant City Manager Cortez provided an update on the Community Safety Plan. Communications and Public Affairs Director Beehler provided a Legislative update. Council Member White asked about a House Bill pertaining to fixing up vacant buildings, which Mr. Beehler will follow up on. Assistant City Manager Cortez gave a brief update on the Strategic Plan and distributed a draft Strategic Planning Agenda for March 17, 2018. It was Council consensus to accept the agenda. City Manager M • - •dated on the f. +wing i - ax; homelessness; re hir • proc: Se ansit a e; a va i rmy letter of support; and scduling d. • ng- Mc After .unci) discussion on possibly termin. g any .r: . .nth. ut ing Jr. Po Council Member Mendez and M. .r Co re este• pis :pita) c st tion project i m be added on the next agenda. 5. Adjournment MOTION: Cousens moved to adjourn to the next City Council Business Meeting on March 6, 2018, at 5 p.m. in the Council Chambers. The motion carried by unanimous vote, Hill absent. The meeting adjourned at 5:20 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITYCLERK MAYOR 17 YAKIMACITY COUNCIL March 6, 2018 City Hall -- Council Chambers 5 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending and prospective litigation Council: Mayor Kathy Coffey, presiding, Assistant Mayor Dulce Gutierrez, Council Members Holly Cousens, Kay Funk, Brad Hill, Carmen Mendez and Jason White MOTION: Gutierrez moved and Cousens seconded to adjourn to Executive Session for up to one hour to discuss pending and prospective litigation.T he motion carried by unanimous vote. Executive Session was held and adjourned at 5:45 p.m. 1. Roll Call Council: M Holly Cous BUSINESS MEETING it t M e Guti rez, Council Members Hil nd Jason W Staff: City anager Moore, City Attorney Cutter and y Clerk Clear ee 2. Pledge of Allegiance Mayor Coffey led the Pledge of Allegiance. 3. Interpreter Services Mayor Coffey introduced Jorge Villasenor who announced interpreter services are available. 4. Open Discussion for the Good of the Order A. Proclamations i. Central Washington University Celebrates Higher Education Excellence in Diversity Award Council Member Mendez proclaimed the year 2018 Central Washington University Higher Education Excellence in Diversity. CWU Vice President of Public Affairs Kremiere Jackson, accepted the proclamation. ii. International Women's Day proclamation Assistant Mayor Gutierrez proclaimed March 8, 2018, International Women's Day and Betty Van Ryder accepted it and invited Council to attend the celebration. Page 1 of 7 18 B. Presentations / Recognitions / Introductions i. Choose Yakima Valley 2017 year-end review Jonathan Smith, Executive Director of Choose Yakima Valley, gave a PowerPoint presentation on Yakima County Development Associations 2017 year-end review. 5. Council Reports A. Report from Assistant Mayor Gutierrez regarding recommendation by the Council Public Safety Committee Assistant Mayor Gutierrez provided a recommendation by the Council Public Safety Committee wherein she was nominated to attend the 7th Annual Gang Prevention and Intervention Conference in Los Angeles, California on May 7-8, 2018. MOTION: Coffey moved and Mendez seconded to accept the recommendation and send Assistant Mayor Gutierrez to the training. The motion carried by unanimous vote. MOTION: Gutierrez moved and White seconded to send the eight points discussed at the Briefing Meeting to the Yakima School District. The motion carried by unanimous vote. B. Accept Council Partnership Committee minutes from February 20, 2018 MOTION: Mendez moved and Cousens seconded to accept the minutes. The motion carried by C. cert C• ci `^''"" ood d unit mina Confiittee minutes of MOTON: ' oved carried by unanimous vote. accept the nifhutes. The motion 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. Item 61 (agenda item 10) was added to the consent agenda, which changed agenda item 11 to 10, 12 to 11 and 13 A&B to 12 A&B. 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: Gutierrez moved and Mendez seconded to approve the consent agenda. The motion carried by unanimous vote. A. 4th Quarter 2017 Capital Improvement Projects Report B. 4th Quarter 2017 Treasury Report C. Set March 20, 2018, as the date for a public meeting to consider the final plat approval of Annalisa - Phase 1, located in the vicinity of S 83rd Ave & Westbrook Ave Page 2 of 7 19 D. Set April 3, 2018, as the date for a closed record public hearing to consider the Yakima Planning Commission's recommendation regarding a rezone application submitted by Supercold Storage LLC for property at 1415 River Road E. Resolution authorizing acceptance of Passenger Facility Charge revenues from U.S. Department of Transportation RESOLUTION NO. R-2018-023, A RESOLUTION authorizing acceptance of Passenger Facility Charge revenues from U.S. Department of Transportation. F. Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with City of Kennewick RESOLUTION NO. R-2018-024, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with City of Kennewick, WA. G. Ordinance amending Title 4, Health and Sanitation, Chapter 4.16.140 and 4.16.150 of the Yakima Municipal Code, to reflect the refuse rates in the table format and remove duplicate references for clarification purposes ORDINANCE NO. 2018-005, AN ORDINANCE amending Sections; 4.16.140; and 4.16.150 of the Yakima Municipal Code to eliminate duplicate placement of rates in the narrative and refer to rates as listed in the Residential Refuse Collection Service Table H. Ordinance establishing Terms and Conditions for Domestic Water System Service, amending Section 7.68.043 of the City of Yakima Municipal Code, and providing for ORDINANtablims an�onditions for domestic water syste servic- : m ding tion .f t City of Yaki Municipal Code, and providing f I. Ordinances regarding parkways; YMC 13.16 Rules and Regulations and YMC 13.20 Park Curfew ORDINANCE NO. 2018-007, ORDINANCE amending the City of Yakima Municipal Code Title 13 Parks and Playgrounds, Chapter 13.16 Rules and Regulations ORDINANCE NO. 2018-008, ORDINANCE amending the City of Yakima Municipal Code Chapter 13.20 Park Curfew 7. Public Comment MOTION: Hill moved and White seconded to restrict audience comments on agenda items to 30 minutes total at 1 minute per speaker. After Council discussion, Council Member Hill withdrew his motion with Council consensus. Mayor Coffey asked if there were any objections to limit audience comments from 3 minutes to 2 minutes per person, and hearing no objections, the request was approved by Council consensus. DEPARTMENT ITEMS 8. Resolution adopting the Yakima Bicycle Master Plan Planning Manager Calhoun briefed Council on the resolution. Page 3 of 7 20 The following City residents spoke in support of the Yakima Bicycle Master Plan: Laura Armstrong, Chad DoId, Charles Chesney, Carla Andringa, Phil Mattoon, Megan Newell and Scott Kline. The City Clerk read the resolution by title only. MOTION: Mendez moved and White seconded to adopt the resolution. The motion carried by unanimous vote. RESOLUTION NO. 2018-025, A RESOLUTION adopting the Yakima Bicycle Master Plan "Bike Yakima." 9. Ordinance amending Chapter 9.70 of the City of Yakima Municipal Code relating to Special Events — Parades Economic Development Manager Sean Hawkins briefed Council on the proposed ordinance. Duane Worrell, owner of Owens Cycle and Thomas Payment, spoke in support of the ordinance, which waives fees for their motorcycle toy run. The City Clerk read the ordinance by title only. MOTION: Gutierrez moved and Funk seconded to pass the ordinance. The motion carried by unanimous vote. ORDINAN - 018 ' INAN ' amend' City of Yakima Municipal ` ades 10. Comprehe muni Safety ision 2 Ana Cortez, Assistant City Manager, briefed Council on the Draft Comprehensive Community Safety Plan. Laura Armstrong, City resident, spoke in favor of the plan and suggested the plan have a focus on insuring voices of community members most impacted by violence are driving the vision and more specificity on how outcomes are obtained. MOTION: Gutierrez moved and Mendez seconded to adopt this as a working document. The motion carried by unanimous vote. 11. Resolution authorizing extension of policy regarding temporary emergency cold weather shelters to temporary shelters falling under RCW 35.21.915, and providing that such policy shall be valid only from March 15, 2018 through June 30, 2018 City Attorney Jeff Cutter reminded Council this matter is under appeal to the Hearing Examiner and to only discuss the extension as it relates to this agenda item. Senior Assistant City Attorney Sara Watkins further explained the resolution. Karen Baker, City resident, spoke in support of the extension and welcomed the shelter into her neighborhood. The following City residents spoke against the extension: James Faulconer, Kathy Clark (who provided a list of 40+ citizens and small businesses that are against the extension) and Charles Page 4 of 7 21 Brewer. Andy Ferguson, Executive Director of Transform Yakima Together (TYT), updated the Council on their plans and reported on suggestions he has made to address neighborhood concerns including a neighborhood block watch program and a community walk program for children. Council Member Funk stated she requested some data in January and received it in February; however, TYT is mandated to collect other data points and she does not think the information is being tracked, which she believes violates state law. Larry Mattson, Executive Director of YVCOG, stated TYT is collecting the data and providing the information to the Department of Commerce as required and he apologized for any misunderstandings regarding Council Member Funk's request. After further Council discussion, the City Clerk read the resolution by title only. MOTON: Gutierrez moved and Cousens seconded to adopt the resolution. The motion carried by a 6-1 vote, Funk voting no. RESOLUTION NO. R-2018-026, A RESOLUTION authorizing extension of policy regarding temporary emergency cold weather shelters to temporary shelters falling under RCW 35.21.915, and providing that such policy shall be valid only from March 15, 2018 through June 30, 2018 12. Other Business Mayor Coff with a city i provide an trip in May. which was reporte• t y ave a partnership r city t akima. This would city wi an all expenses paid , 2018 agend or Council action, his ite •e ' the M d b ouncil ensus. MOTION: Mendez moved and Hill seconded to bring forward an ordinance repealing the pit bull ban at the next Business Meeting. The motion carried by Council consensus. Council Member Cousens reported she met with a constituent regarding disc golf and would like the Partnership Committee to look at this idea, which was approved by Council consensus. A. Council discussion on the Yakima Downtown Central Plaza project Mayor Coffey stated this item has been placed on the agenda by Assistant Mayor Gutierrez and Council Member Cousens. The following City residents spoke in support of the Plaza and shared their dismay that Council would vote against the plaza after the Community raised over $9 million to help pay for it: Nick Hughes, John Baule, Tony Sandoval, Charles Forester, Dr. Dave Atteberry, Dave Ettl, Addy Logsdon, Larry Hull, Monty Mills (non resident and downtown property owner), Roger Wilson (non resident and downtown property owner), Laura Armstrong, Andrew Holt, Joe Mann, David Rogers, and Patricia Beyers. The following City residents spoke against the Plaza: Fred Mercy, Rogelio Montez and Robbie Byrne. Page 5 of 7 22 Assistant Mayor Gutierrez shared her concerns over financial and legal matters related to the Plaza and stated she originally was against the Plaza but changed her mind in an effort to find common ground and to save money. However, her financial and legal concerns now outweigh her support of the Plaza and apologized for the dramatic chain of events. She also questioned if Council knew the funding was coming from REET. Mayor Coffey and Council Member Mendez stated they have always known the funding was coming from REET and Council Member Cousens stated she was unaware. Council Members Cousens and White stated they ran campaigns on voting against the Plaza and will uphold their promises. Council Member Funk stated she campaigned that if the Plaza supporters met the fundraising goal she would support the Plaza and feels it would be unfair to withdraw support now. Council Member Hill agreed. Council Member Funk also shared her concerns about the homeless using the Plaza as well as any legal issues associated with the parking lot. City Manager Moore reported that REET is the identified source of funding for the City's remaining contributions to the Plaza. He further outlined a construction bonding strategy that would enable the City to service the debt for the first 5 years with private donations (95% of which are under 5 year contracts). After that 5 year period, the City contribution would be drawn from REET revenues. Council Member Mendez explained there are two Committees that have been formed for programming and development / building. She stated the Committees have each met once and per Council direction, she, Mayor Coffey and Council Member White are the liaisons. She stated in the s•irit of bein• trans•arent, she believes the are at this point with the Plaza because a other -ct did Assistant or Guti e. - - - •oint . • sta - - ounci ember Mendez's comments - not g; an to th- •nv= . .y. Coffey stated e point was not well taken. Assi •r G errez a► d the o decision. Th ayor's decision was overturned by a 5-2 vote, with Coffey and Mendez voting in favor of the Mayor's decision. Council Member Mendez explained that the City has already spent $1.2 million on the Plaza and does not believe it is fiscally responsible to eliminate this project when there are donations of over $9 million and REET funds to pay the remaining amount. MOTION: Gutierrez moved and Cousens seconded to terminate the furthering of the Downtown Central Plaza on parking lot number 2. The motion failed by a 4-3 vote, Mendez, Coffey, Funk, and Hill voting no. MOTION: Cousens moved and White seconded to stop staff and city resources into furthering the Plaza project development until litigation is cleared. Council Member Cousens withdrew her motion with Council consensus. City Attorney Cutter reminded Council that there is no litigation. MOTION: Gutierrez moved and Cousens seconded to stop all furthering of all Plaza project development with exception of litigation being cleared. The motion failed by a 4-3 vote, Coffey, Hill, Mendez, and Funk voting no. B. Council discussion on possible capital project funding strategies Council Member Mendez and Mayor Coffey brought this to the agenda at last week's Council briefing. However, Council Member Mendez stated the agenda does not correctly reflect the Page 6 of 7 23 item they requested on the agenda, which was discussion on the Martin Luther King Jr. pool. City Manager Moore apologized and indicated it was his mistake; however, there is a memo related to the pool in the agenda packet with this item and he reviewed the memo with Council. Mary Lopez, City resident, spoke in favor of a pool at Martin Luther King Jr. Park. After further Council discussion, MOTION: Mendez moved to discontinue any further discussion on this agenda item 13B. The motion failed due to lack of a second. 13. Adjournment MOTION: Gutierrez moved and White seconded to adjourn to a City Council Briefing on March 15, 2018, at 4 p.m. at City Hall in the City Manager's conference room. The motion carried by unanimous vote, the meeting adjourned at 9:07 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE D RA FT DAT E CITY CLERK MAYOR Page 7 of 7