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HomeMy WebLinkAbout12/08/2015 05A Draft Council Meeting Minutes ApprovalITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached minutes. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description D 10...;0 15 irrniiirn Aes D 10 ...; 7 15 Skidy sesslirrrn BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5. A. For Meeting of. December 8, 2015 Approval of the minutes from the October 20, November 3 and 17, December 1, 2015 City Council Business meetings; October 27 and November 10, 2015 Council Study Sessions and October 30 and November 6, 2015 Special Council meeting Sonya Claar Tee, City Clerk Ordinance: Contract Term: End Date: Amount: City Manager Upload Date Type 12.14/2015 Cbmar Memo 12.14/2015 Cbmar Memo D 10 30 15 irreehing 12.14/2015 Uwar l Meirno D 11...3 15 Mlilrn Aes 12.14/2015 Cbmar lMeir no D 11 °6 ° °15 specliall irreehing irydirRAEks 12.14/2015 Cbmar Meirno D 11 1015 Skidy session irrdimAes 12.14/2015 Cbmar lMeir no D 11 17 15 irydirRAEkS 12.14/2015 Cbmar ll eirno D 12 1 15 Iran nLA(.),S 12.14/2015 Uwar lMeir no October 20, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 Public Hearings BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Harvey and City Clerk Claar Tee Absent: Council Members Tom Dittmar (excused) Rick Ensey (excused) 2. Pledge of Allegiance Mayor Ca PI RAFT 3. Open Dis ssions r 4. Council R orts A. Consideration of 2016 State Legislative & Administrative Priorities Randy Beehler, Communications and Public Affairs Director, briefed Council on the priorities. Council Member Lover stated he doesn't think the Central Plaza should be on the list. MOTION: Lover moved to postpone approval of the legislative priorities until January. The motion died due to lack of a second. After further Council discussion, MOTION: Adkison moved and Ettl seconded to approve the 2016 State Legislative and Administrative Priorities. The motion carried by a 4 -1 vote, Lover voting no, Dittmar and Ensey absent. 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Items 5C and 5D were postponed. 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: Coffey moved and Adkison seconded to approve the consentagenda, except for items 5C and 5D, which are postponed. The motion carried by unanimous Page 1 of 8 vote, Dittmar and Ensey absent. A. Approval of the minutes from the August 18, September 1, September 15 and October 6, 2015 City Council Business meetings; and September 22 and 29, 2015 Council Study Sessions B. 3rd Quarter 2015 Claim Report and Resolution authorizing and approving 3rd Quarter 2015 claims activity RESOLUTION NO. R- 2015 -121, ARESOLUTION accepting and approving the 3rd Quarter 2015 Claim Report for the City of Yakima. C. Resolution authorizing a Memorandum of Understanding and Engagement with Mid - Columbia Fisheries Enhancement Group for the City Wastewater Treatment Plant Flood Plain Restoration Project This item was postponed. D. Resolution authorizing a Memorandum of Understanding and Engagement with Mid - Columbia Fisheries Enhancement Group for the City Wastewater Treatment Plant Riparian Restoration Project This item was postponed. E. Resolution authorizing a Grant Agreement with Washington State Department of -loomoigatiorlOOMMOke YakirAKEllensOloo�r�ce and the eices (DR A RAW Yakima and Selah RESOLUT WNO. 2 -1 NYa N thorizing the ity Manager to enter into a grant Wat State ment of Tran ortation to fund commuter be eema and Ellensburg and to fun paratransit services (Dial A Ride) in Yakima and Selah. F. Resolution authorizing an Interlocal Agreement with Central Washington University to partially fund the Yakima/Ellensburg Commuter Service from July 1, 2015 to June 30, 2017 RESOLUTION NO. R- 2015 -123, A RESOLUTION authorizing the City Manager to enter into an interlocal agreement with Central Washington University to partially fund commuter bus service between Yakima and Ellensburg for two years. G. Resolution authorizing an Interlocal Agreement with the City of Selah to partially fund the Yakima/Ellensburg Commuter Service from July 1, 2015 through June 30, 2017 RESOLUTION NO. R- 2015 -124, ARESOLUTION adopting a resolution authorizing the City Manager to enter into an interlocal agreement with the City of Selah to partially fund commuter bus service between Yakima and Ellensburg for two years. H. Resolution authorizing an agreement with Play Creation and Landscape Structures for the purchase of playground equipment to be placed at Southeast Community Park RESOLUTION NO. R- 2015 -125, A RESOLUTION authorizing the City Manager to execute Page 2 of 8 an agreement with Play Creation and Landscape Structures for the purchase of playground equipment to be placed at Southeast Community Park. Resolution authorizing an agreement with the State of Washington by and through the Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO) for the grant to renovate Randall Park RESOLUTION NO. R- 2015 -126, A RESOLUTION authorizing the City Manager to execute the project agreement between the City of Yakima and the State of Washington by and through the Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO) for the grant to renovate Randall Park. 6. Audience Participation John Tull, City resident, asked Council members to reconsider the special event fee ordinance, which requires their charity event to pay for half of the police escort costs. Amy Flyn, City resident, and Interim Executive Director of the YWCA, also requested Council members to reconsider the special event police escort fees. It was Council consensus to bring back additional information on the special event ordinance to the October 27, 2015 City Council Study Session. PUBLIC HEARINGS 7. Public me g to sid citize omm on th roposed 20 Annual Action Plan for Comm ty Dev p Gra (C G) E Fu Programs Archie Mat ws, S anag ri d Co it the 2016 A n Plan. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. Mr. Matthews reported no action is necessary at this meeting, and it is scheduled for another public hearing on November 3, 2015. 8. Public hearing and resolution on the proposed Development Agreement of Catalyss (formerly Toscanna) located in the vicinity of 40th Ave and Castlevale Mayor Cawley noted this item is postponed; however, since there is a notice of public hearing, he opened the hearing for comments. Ron Hatfield, City resident, related some history with the project and noted when the Hearing Examiner approved the project in 2009, he did so with a stipulation that, if the draft development agreement required any minor modifications it must undergo a type (2) review rather than type (1) review, which means public notice must be given to the neighbors. He doesn't feel the stipulation has been followed. Valerie Smith, Senior Planner, stated this issue is regarding a planned development agreement that was approved by Council in 2009. The development agreement has a requirement that prior approval to be accomplished before they can start building. There were some complications with the development agreement and the owners decided to Page 3 of 8 postpone the hearing until November. She noted they are approved to do their initial infrastructure, such as roads, which has been started. There was an addendum done to the State Environmental Policy Act (SEPA) to include more fill dirt than expected to complete the project. Jeff Peters, Supervising Planner, reported there are two different issues. An original environmental review was completed with the preliminary plat, where an environmental decision was issued as a mitigated determination of non - significance. The SEPA check- list was noticed to the neighbors, and included a certain amount of grading, excavating and moving of dirt. Under SEPA, a project that does not materially change to create an environmental impact, and if the change is minor in nature, does not have to be re- noticed or go through another SEPA process. The Planning Division determined it was a minuscule amount of dirt that was not covered in the original SEPA; therefore, it went through the addendum process. That process does not require notice because it is an insignificant change and it does not change the environmental impact of the original proposal. 9. Continuation of public hearing for an appeal of the Hearing Examiner's decision upholding the approval of an expansion of the Union Gospel Mission clinic, parking lot, and residential area at 1300 N. 1 st Street SeniorAssistant City Attorney Kunkler stated the hearing is a quasi - judicial matter, regarding the appeal of two permit approvals, which were approved by the Hearing Examiner i the pel Mi . n (UG it . for gated parking /pa ment he t to all UG ess t is property f Oak Street for the use of deli ry and in the he ermit i for the construction of a health ca clinic s on ry d o a date 1 women, and 28 men. The additi is uld n ed the 'gi I population it of 260. The permits were appea e y William Brado an a Yakima Ga eway Organiza ion (YGO). Mr. Andreotti represented Mr. Brado and YGO, and James Carmody appeared on behalf of the UGM. Because this is a quasi - judicial hearing involving permits, there is an appearance of fairness doctrine, with Council as judges. Mr. Kunkler asked Council if they have any interest in the property or the application, or if they own property within 300 feet of UGM. Council stated they did not. He asked Council members if they individually stand to gain or lose a financial benefit; the response was no. Next, he asked if they can consider the appeal in a fair and objective manner. They stated they could. He asked if Council has engaged in any exparte communications with any of the parties involved. Council Member Lover noted he knows everyone involved in the project and has heard from Mr. Brado, as well as the Union Gospel Mission, and believes he can be fair and impartial. Assistant Mayor Coffey noted as the Executive Director of the Visitors and Convention Bureau in the 1990's, she was opposed to the Union Gospel Mission's original application, but she has recently toured the Mission, and believes she can be fair and impartial. Mr. Kunkler asked if there were any members of the audience that challenge, on appearance of fairness grounds, participation in the matter by any member of the City Council. No one from the audience spoke to the matter. In his opening statement, PatAndreotti, representing Mr. Brado, gave a brief history of the project. He stated that what has happened in the past is significant and bears on what Page 4 of 8 Council has to decide. Mr. Andreotti believes the testimony presented in 1992 goes a long way to establish that Mr. Lamb made the wrong call and failed to establish adequate conditions for the mission operations to protect the North First Street businesses. He said at this point, the City must recognize the settlement agreement agreed to by the parties in 1994 is governing this situation even though the City is not a party to the agreement. Mr. Andreotti asked to have the compatibility portion remanded to the Planning Division to adopt the provisions of the 1994 settlement agreement and to impose any additional reasonable conditions. Regarding the current action, the City, the UGM and the Hearing Examiner have talked about compatibility but not about the new proposed uses. A medical clinic would add to existing problems. He asked Council to direct staff to take another look at this and to incorporate the settlement agreement, which both the City and the North First Street businesses relied upon in allowing this use to proceed to where it is now. He also noted the City experienced a computer glitch and did not give proper notice to the neighboring businesses and property owners. It was called to the City's attention on March 27, 2015, and the City issued a stop work order on the parking lot, but did not withdraw the prior decision. After appealing, the City did a supplemental notice, but on a decision already made. The only adequate way to resolve the notice issue regarding the parking lot is to have the decision reversed and sent back to City Planning for review. Mr. Andreotti stated that the final issue is the access off North First Street, as the settlement agreement specifically provided there would be no access except for services or utilities. It is YGO's position that the access off Oak Street is limited to the delivery of utility services and that the provision for a gate is inappropriate and should be reversed. Council sh mand b tio Cit require, consistent with the ag Cew pr tice of both application nd dir t Diro ropri conditions, including those spe ed in th 1 ility of mission operations James Carmody, representing UGM, referenced the two applications in his opening statement. Regarding compliance with the 1994 settlement agreement, he stated that the Hearing Examiner came to the conclusion that UGM has complied with each and every condition imposed on that settlement agreement. The Hearing Examiner found, as City staff found earlier, that the uses were appropriate, and UGM complied with all development standards. Mr. Carmody stated he agrees with Mr. Andreotti about parking lot notice issue. However, there was no notice issue with respect to the medical clinic. When it came to the issue of paving the parking lot and a question about whether or not there had been notice given to neighbors, the City stopped work on this project to make sure the community had the opportunity to comment. Mr. Carmody asserted that the Hearing Examiner listened to all the evidence and made a decision. The Hearing Examiner also asked City staff if they heard anything more in this hearing process that would change anything decided earlier, that would change any of the conditions, or anything more, and staff said no. Mr. Carmody said if the matter is remanded, the same thing will happen. No one was denied any opportunity to participate before the Hearing Examiner. He also stated that the City doesn't have authority to enforce a private development agreement and if there's a breach YGO can sue the mission. The final argument YGO has made is that there should be limitations from Oak Street access. Mr. Carmody said that limitation is in place; Oak Street is gated, not accessible and is compliant with the settlement agreement. There are two applications to consider and City staff found they are compliant and have met all standards and the Hearing Examiner found Page 5 of 8 them compliant. Those processes need to be respected and supported, and he asked the City Council to deny the appeal and to let UGM proceed with their parking lot and medical facility. Senior Assistant City Attorney Kunkler reported that anyone who reads the Hearing Examiner's Decision in this case will conclude that the Hearing Examiner considered and addressed all issues raised by the Appellants in a comprehensive manner. The Hearing Examiner rejected all grounds of appeal raised by the Appellants and upheld the City's decisions in the parking lot and health care clinic /residential improvement applications submitted by the Union Gospel Mission. Mr. Kunkler continued, saying that the Union Gospel Mission and Yakima Gateway Organization entered into a private Settlement Agreement in 1994. The City of Yakima was not a party to this agreement and does not have standing to enforce any provision of such agreement. As noted by the Hearing Examiner, the Settlement Agreement is akin to a private covenant often entered into between private parties governing the use of certain property. However, the City has no jurisdiction to enforce such covenants. Also, Mr. Kunkler noted the City undertook extensive efforts to correct a notification error on the Parking Lot permit. When it learned of the computer error, the City issued a Stop Work Order, consolidated the Parking Lot application decision with the Health Care /Residential Improvement application, and issued a Supplemental Notice of Application and Appeal. All parties of record and owners of property within 300 feet of the mission site were afforded an opportunity to comment and participate in the appeal filed by Appellants. No person was barred from presenting evider.Ue and testimony I hearing, and all persons r Hearing E and had s Mparticipate. The rh defective notice provisions. In his concIIIIIIIIIIIIIIIIIIIIIIIIII111W. KurNer saidl%Ahe Hear% Examiner ruled Mat the proposed improvements, with the conditions imposed, were compatible with the zoning district and comprehensive plan. He reminded that this hearing is a quasi - judicial hearing, and the decisions and determinations of the Hearing Examiner are entitled to deference. The City of Yakima requested the Decision of the Hearing Examiner be affirmed in all respects and Appellants' appeal be denied. In his rebuttal, Mr. And reotti stated the issue, apart from the notice issue, is the access off Oak Street, which creates a whole new set of problems, particularly for Mr. Brado's apartments located directly across from that access. With regard to the expanded operations, Mr. Andreotti asserted there was no testimony that ten percent of the new clients or patients to be served were already residents of the facility. Executive Director Phillips specifically acknowledged that a portion of the people that were creating the issues for the North First Street businesses, although not Mission residents, were coming to the Mission for services. But it was the position of the Mission that once they left the Mission premises, the Mission had no responsibility and no authority to do anything to control their conduct. Those are issues the Hearing Examiner failed to address, staff failed to address regarding compatibility, and we renew our request that this matter be reversed and sent back. Mayor Cawley opened the public hearing. The following individuals spoke in support of the Union Gospel Mission: Kris Fork, City Page 6 of 8 10 11. resident; Alondra Garibay, City resident; Stephanie Carlson; and Bryan Crafts. Dorothy Padilla, City resident, spoke in support of Mr. Brado's appeal, but noted the good work the Mission accomplishes. With no one else coming forward, Mayor Cawley closed the hearing. Mr. Kunkler reiterated the options for Council action which are to grant the appeal, remand it back to the Hearing Examiner with direction regarding specific elements or to deny the appeal and affirm the Hearing Examiner's decision. MOTION: Cawley moved and Adkison seconded to deny the appeal and affirm the Hearing Examiner's decision. The motion carried by unanimous vote, Dittmar and Ensey absent. CITY MANAGER REPORTS Resolution related to Recommendation from Arts Commission regarding Fair Avenue Roundabout Heritage Art Community Development Manager Davenport briefed Council on the item. Assistant Mayor Coffey noted she would like the City to accept donation of the steam whistle. Council Member Lover wants to relocate the water feature at the park and ride. City Manager O'Rourke noted staff will bring back ideas on moving the water feature. The City CI RESOLUT the former display suc F g don on from the owners of lic a rk and authorizing n Roundabout. MOTION: Coffey moved and Ettl seconded to adopt the resolution. The motion carried by a 4 -1 vote, Lover voting no, Dittmar and Ensey absent. Other Business Assistant Mayor Coffey reported in the absence of the Mayor she has been working with staff on the City Manager recruitment process and believes it should be added to the next Study Session agenda. 12. Adjournment Motion: Coffey moved and Lover seconded to adjourn to a City Council Study Session on October 27, 2015 at 10 a.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Dittmar and Ensey absent. The meeting adjourned at 8:28 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE Page 7 of 8 ATTEST: COUNCIL MEMBER DATE CITY CLERK DA lawfkAj A =a' MAYOR Page 8 of 8 ,r YAKIMA CITY COUNCIL STUDY SESSION October 27, 2015 City Hall -- Council Chambers 10 a.m. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison (left the meeting at 12:15 p.m.), Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee 2. 2015 Citizen survey results This item was p 3. 2015 Strategic n revi a RAiFT b rtner ip initiative City Manager O' ourke of Pro ed Neighborhood Partnership initi see Cit nd he is proposing to add Neighborhood Partnership Committees, as well as create Neighborhood Engagement Manager position with an Administrative Assistant to support this mission. This would repurpose Mr. Tarrant's previous position. This proposal would also add a grant process starting with a $100,000 grant to help incentivize the neighborhoods. Ester Huey, City resident, spoke in support of the proposal, but does not feel each Council member should select a representative from their district. She stated each district should be looked at as a whole, and the new position should report to the City Manager. Carole Folsom Hill, spoke in support of the proposal and believes it should be handled with the same process as other Council Committee structures. Tony Courcy, City resident, stated he has come to many Council meetings and asked questions and only received one response. Luz Gutierrez, City resident, spoke in support of the proposal. The City has had a similar program in the past and the new position should report to the City Manager. She also believes anyone on this Committee should be a City resident. She thinks the current committee process does not work as it is not ethically diverse. After Council discussion, MOTION: Cawley moved and Ensey seconded to approve this as a policy issue for the 2016 budget. The motion carried by a 5 -2 vote with Dittmar and Lover voting no, Adkison absent. 4. Resolution authorizing Aquatic Center, associated Ground Lease, Development and Operating Agreements with the Yakima Family YMCA at Chesterley Park City Manager O'Rourke briefed Council on the aquatic agreements and noted the site is central to everything in Yakima. Chesterly Park was bought with state and federal grants and the City will need to find a substitute park for the portion dedicated to the acquatic facility, which would be the new SOZO park and could take over a year to finalize. The final contingency is soil assessments, and the YMCA must generate 80 percent of the funding for this project by the end of 2017. If either party wrongfully terminates the agreement, there is a one million dollar damage penalty. Assistant Mayor Coffey believes it is feasible to put together a committee to review options for a pool on the East side of the City. Dustin Yeager, with the YMCA, stated he worked with City Attorney Cutter on the agreements for the new facility. He believes there are many good reasons to have this pool at this location. It will be a cost sharing partnership, a benefit to the entire community, is centrally located and will be open to everyone with great accessibility. Bob Romero, General Director of the YMCA, presented a PowerPoint presentation on the project. He is v ab ject a eass T ready to move forward. The following in iduals o in fa of f lity at thRuss Meyers, City resident an ak a Vall orial i s; Ken resident; Rick Fairbrook, City resident and President of the YMCA; Steve Mitchell, City resident; Mark Hummel, City resident and Principal of Robertson Elementary; Keith Watson, DO at Pacific NW University; Ricardo Torres, City resident and Paul Larson, City resident. The following individuals spoke in favor of the aquatic facility but believe it should be on the East side of Yakima: Steve Hill, City resident and Vickie Ybarra, City resident. Carol Folsom -Hill, Nick Marquez, Mateo Arteaga, and Jonathan Carter, City residents, feel this project has been fast tracked and should have the new Council's input. Carrie Sattler, City resident and employee at the Yakima Athletic Club, feels it is unfair to private fitness facilities for the City to partner with a non - profit. City Attorney Jeff Cutter briefed Council on a typo, which has been corrected in the contract. After Council discussion, The City Clerk read the resolution by title only. MOTION: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by a 6 -1 vote, Ensey voting no. RESOLUTION NO. 2015-128, A RESOLUTION authorizing the execution of a Master Aquatic Center Agreement and associated Ground Lease, Development Agreement and Operating Agreement providing for the City's participation in the construction of an Aquatic Center in cooperation with the Young Men's Christian Association of Yakima, d /b /a the Yakima Family YMCA, all in accordance with the specific terms and conditions set forth in said Agreements. 5. City cost - sharing policy for Special Events Economic Development Manager Hawkins briefed Council on the item. Mayor Cawley requested Mr. Hawkins bring back an update at a future Council meeting on insurance changes. 6. City Manager recruitment process Mayor Cawley opened the discussion on options for the January transition of the City Manager. It was Council consensus to have a special meeting to discuss this issue. 7. 2016 Preliminary Budget Presentation This item was postponed. 8. Adjournment Motion: Ensey moved and Lover seconded to adjourn to the next Council Business Meeting on November 3, 2015 at 6 p.m. at City Hall. The motion carried by unanimous vote, Adkison alIPIRRIIIIII& mrnedA2:30 CERTIFICATION READ AND CERT ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR u YAKIMA CITY COUNCIL SPECIAL MEETING October 30, 2015 City Hall -- Council Chambers 10 a.m. 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, presiding, Council Members Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager Cutter and Acting City Clerk Stephens Absent: Mayor Micah Cawley (excused) 2. City Manager recruitment process Council memk confirmed a s three current for any action MOTION: Ettl r Cutter it members and with to the current Council :onsists of the seven newly elected Council members to prepare the search process for a new City Manager. The motion carried by a 5 -1 with Ensey voting no and Cawley absent. MOTION: Dittmar moved and Ettl seconded to appoint Jeff Cutter as Interim City Manager until a search firm finds a City Manager. The motion carried by unanimous vote, Cawley absent. MOTION: Dittmar moved and Ettl seconded that Jeff Cutter start this position November 1. 2015. The motion carried by unanimous vote, Cawley absent. 3. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on November 3, 2015, at City Hall. The motion carried by unanimous vote, Cawley absent. The meeting adjourned at 10:42 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE Page 1 of 2 ATTEST: COUNCIL MEMBER DATE CITY CLERK DA lawfkAj A =a' MAYOR Page 2 of 2 November 3, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 Public Hearings BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey (left the meeting at 7:06 p.m.), Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and Acting City Clerk Stephens 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Dis r a Goo of th er A. s e ition cti s . a Treat IantAw Department Health Top Ops Silver Certificate Water and Irrigation Manager Dave Brown and Supervisor Jeff Bond provided details of the TOPS program SilverAward presented to the Water Treatment Plant and staff. Presentation of Annual Historic Preservation Awards for 2015 Joe Mann discussed three awards presented for 2015 by the Historic Preservation Commission. The Inspirational Award was awarded to Roger and Michelle Wilson of Wilson Real Estate for their commitment to historic properties in the City. The Project Award went to the Morrier Family for their work to create a boutique hotel in the Great Western Building /JEM Building. The Research Award went to Valerie Smith and Robbie Aaron of the City Planning Staff for their work. Mayor Cawley read the Proclamations and presented the awards. iii. Recognition of 35 Years of Service for Steve Martinez and 25 Years of Service for Emilio Lopez Water and Irrigation Manager Dave Brown recognized Water Division employees Emilio Lopez for 25 years of service and Steve Martinez for 35 years of service. iv. Central Washington State Fair third quarter report Page 1 of 6 Greg Lybeck, Assistant General Manager of the Central Washington State Fair Association and State Fair Park, provided recent statistics and reviewed the report included in the Council packet. He invited Council to call at anytime to see the operations and thanked the City for their partnership. Discussion ensued regarding adding the Central Washington State Fair as another member of the Lodging Tax Advisory Committee. City Attorney Cutter suggested staff prepare documents for Council consideration. V. Yakima River Basin Integrated Plan Status Report and a Support Request -- fifteen minute presentation with PowerPoint Water and Irrigation Manager Dave Brown and guests from the Yakima Basin Integrated Plan Outreach group presented a PowerPoint of the Yakima River Basin Integrated Plan Status Report. B. Appointments to Boards, Commissions and Council Committees Council Nominating Committee recommendations for appointment This item was postponed. 4. Council Reports None. 5. Consent Aaenda Mayor Ca Va t he ite plac the nsentAgend there wers s fr nciI s or cii (now Item ro e co nd nd items 9 (i were add agen T City k ad the Cons( including d rdinanc y title. ( on the Cons( under one motion without further discussion —see motion directly I questioning whether ens present. Item F w 5H) and 10 (now 51) tAgenda items, it Agenda are handled )elow.) MOTION: Coffey moved and Adkison seconded to approve the consent agenda. The motion carried by unanimous vote, Ensey absent. A. Set date of November 17, 2015 for a public hearing on: A. proposed 2016 Revenue and Expenditure Budget for the City of Yakima with a second public hearing on December 1, 2015; and B. 2016 Ad Valorem (Property) Tax B. Resolution authorizing a contract with Yakima Habitat for Humanity for the sum of $45,000 to purchase lot and construct one (1) single family home to be sold to qualified first time homeowners at 1420 Cherry Ave RESOLUTION NO. R- 2015 -129,A RESOLUTION approving, and authorizing the City manager to execute, an agreement with Yakima Habitat for Humanity for expenditure of $45,000 in HOME funds for purchase of lot and construction of single - family home for sale to qualified first -time home buyer, at 1420 Cherry Ave., Yakima. C. Resolution accepting and authorizing the City of Yakima's 2016 assessment from the Yakima Valley Conference of Governments RESOLUTION NO. R- 2015 -130 A RESOLUTION accepting the 2016 Yakima Valley Page 2 of 6 Conference of Governments Budget and authorizing the City of Yakima's 2016 assessment. D. Resolution authorizing a grant agreement with the Washington State Office of Public Defense to support indigent defense expenses RESOLUTION NO. R- 2015 -131,A RESOLUTION ratifying and approving the City Manager's execution of a grant agreement between the City of Yakima and the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a 2016 Grant. E. Resolution authorizing an interlocal agreement with the Yakima School District No. 7 for School Resource Officers for the 2015 -2016 school year RESOLUTION NO. R- 2015 -132, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal School Resource Officer Agreement with Yakima School District No. 7 for the continuation of the school resource officer program during the 2015 -2016 school year F. Resolution approving amendment to an agreement with the Humane Society of Central Washington, of up to $45,000 from Law & Justice Capital Fund to help defray costs of acquisition by Humane Society of vehicle to provide mobile animal control services RESOLUTION NO. R- 2015 -133, A RESOLUTION authorizing the City manager to execute and adminDdrfinumW�i--ing n th reem ane Society of Central W Rforce aki ani control servi s and acquisition of a vehicle to h G. m a ng in the Rig of Way to clarify the r ORDINANCE NO. 2015-030, AN ORDINANCE of the City of Yakima related to traffic and parking, and amending Section 9.50.085 of the Yakima Municipal Code. H. Resolution authorizing a Memorandum of Understanding and Engagement with Mid - Columbia Fisheries Enhancement Group for the City Wastewater Treatment Plant Flood Plain Restoration Project RESOLUTION NO. R- 2015 -134, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding and Engagement between the City and the Mid - Columbia Fisheries Enhancement Group (MCFEG) authorizing MCFEC to prepare and assist in the implementation of a Flood Plain Restoration Plan for the City Wastewater Treatment Plant Flood Plain Restoration Project. Resolution authorizing a Memorandum of Understanding and Engagement with Mid - Columbia Fisheries Enhancement Group for the City Wastewater Treatment Plant Riparian Restoration Project RESOLUTION NO. R- 2015 -135, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding and Engagement between the City and the Mid - Columbia Fisheries Enhancement Group (MCFEG) authorizing MCFEC to prepare and assist in the implementation of a Riparian Planting Plan for the City Wastewater Treatment Plant Riparian Restoration Project. Page 3 of 6 6. Audience Participation Tom Allen, non -City resident, believes some houses on the demolition list could be rehabbed. He also thanked City Manager O'Rourke for everything he has done for the City. Tony Courcy, City resident, asked about a parking ordinance. Christy Brock, City resident, feels her right to a speedy trial has been violated. City Attorney Cutter stated the City adheres to the 6th amendment rights. Joey Anderson, City resident, stated many people are upset with the severance contract for the City Manager and that he needs to go. Sandy Belzer, stated she believes collective bargaining meetings should be open to the public. Maria Bosworth, stated she disagrees with the Council's decision to keep the City Manager and feels the Council's actions don't reflect what the citizens want. PUBLIC HEARINGS 7. Public hearing and resolution to consider citizen comments on the proposed 2016 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs Archie Mat ws, S anage xplai that t Fonecc6c no ice quire ments for this hearing ha not be . Th ice i u ill b d so item will be considere t the D e 015, e Mayor Ca ed t public g and, ming rward to speak, closed the hearing. CITY MANAGER REPORTS 8. Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims Council Member Lover believes this should be reduced to $50,000. MOTION: Lover moved to make this a budget policy issue. The motion died for lack of a second. RESOLUTION NO. R- 2015 -136,A RESOLUTION authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. Following Council discussion, MOTION: Coffey moved and Adkison seconded to adopt the resolution. The Page 4 of 6 E 10 motion carried by a 5 -1 vote, Lover voting no and Ensey absent 2016 Preliminary Budget Presentation City Manager O'Rourke briefed Council on the 2016 preliminary budget. Resolution authorizing City Manager separation agreement City Manager O'Rourke stated this item should be withdrawn from the agenda, as based upon his contract a written notice of resignation is required, and he has not and will not do that. MOTION: Ensey moved and Coffey seconded to terminate the City Manager effective immediately for cause. MOTION: Ensey moved and Coffey seconded to amend the motion to terminate the City Manager without cause. The motion failed by a 6 -1 vote, with Ensey voting yes. ORDINANCES 11. First reading of an ordinance amending the 2015 budget and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2015 (no action required; second reading on November 17, 2015) Finance an Dir rson b reading onl nd Wnn a ught b k foA 2015, Cou it meeti . d Co g this is a first ;ond 111ading at the vember 17, AN ORDI en g the IK5 /udget t%th,City of Yakisf and making appropriations rom Unappropriate=uund Balances within various unds for expenditure during 2015 for various purposes described in the attached Schedule. 12. First reading of an ordinance authorizing a Limited Tax General Obligation Bond, not to exceed $5,000,000, to finance the acquisition and improvements to a soccer /multi -use sports campus (second reading November 17, 2015) Finance and Budget Director Epperson briefed Council on the ordinance, noting this is a first reading only and will be brought back for a second reading at the November 17, 2015, Council meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE City of Yakima, Washington, authorizing the issuance and sale of a LIMITED TAX GENERAL OBLIGATION Bond of the CITY in the principal amount of NOT TO EXCEED $5,000,000 to finance costs RELATED TO acquiring, designing, constructing and improving a SOCCER/multi -use sports CAMPUS AND OTHER PARK PROJECTS in the city; providing the form of the bond; AND authorizing the sale of the bond TO CASHMERE VALLEY BANK. 13. Ordinance amending Title 4, Health and Sanitation, Chapter 4.16 Relating to 2015 Refuse Rates and General House Keeping revisions for clarification and efficiency purposes Loretta Zammarchi, Refuse and Recycling Manager, briefed the Council on the request for a rate increase. Page 5 of 6 City Resident Jim Scoggins spoke about recycling and the proposed rate increase. Following Council discussion, The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-031, AN ORDINANCE relating to health and sanitation; revising various refuse rates, fees and charges; adjusting various refuse rates, fees and charges; and amending Sections 4.16.010; 4.16.070; 4.16.080; 4.16.140; and 4.16.150 of the Yakima Municipal Code accordingly. MOTION: Adkison moved and Dittmar seconded to pass the ordinance.The motion carried by a 5 -1 vote, Lover voting no and Ensey absent. 14. Other Business 15. Adjournment Motion: Ettl moved and Dittmar seconded to adjourn to a Council Study Session on November 10, 2015 at 10 a.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Ensey absent. The meeting adjourned at 8:03 p.m. CERTIFICATION READ AND CERTI F ATTEST: CITY CLERK COUNCIL MEMBER DATE MAYOR Page 6 of 6 u YAKIMA CITY COUNCIL SPECIAL MEETING November 6, 2015 City Hall -- Council Chambers Executive Session 3:00 p.m. 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and Acting City Clerk Stephens Absent: Council Member Ensey 2. Executive Session Regarding Prospective Litigation MOTION: Coffey nd D" Conde adjo sion to discuss pending and pro ecti "tg on, a 11 a evie he perform ce of a public employee for up 15 mi to ion rie y u vote, Wsey absent. Executive Session indndjournqkatS08 p. 3. Executive Session to review the Performance of a Public Employee Mayor Cawley noted Council has been provided with a draft Separation Agreement with City Manager O'Rourke. City Manager O'Rourke said he appreciated his time with the City and noted he came in with this Council and will depart with this Council, which will provide a smooth and orderly transition. Mayor Cawley summarized the agreement stating City Manager O'Rourke will work with City Attorney Cutter through December 1, 2015, at which time the authority of the City Manager position will transfer to Mr. Cutter. Mr. O'Rourke will still be a City employee in a consultant capacity through December and receive four months severance including medical. Council Members Ettl, Adkison, Dittmar and Lover discussed the accomplishments the City has made with Mr. O'Rourke as the City Manager and stated it was a pleasure working with Mr. O'Rourke. MOTION: Dittmar moved and Adkison seconded to approve the Separation Agreement. The motion carried by unanimous vote, Ensey absent. Council Member Lover asked if there were any litigation issues to be concerned with between now and December 31, 2015, that could affect this. City Attorney Cutter and City Manager O'Rourke said they were not aware of any. Page 1 of 2 Assistant Mayor Coffey read a statement of explanation of why she is voting for the separation agreement with the severance package. Mayor Cawley said it has been a pleasure to work with Mr. O'Rourke. 4. Adjournment Motion: Coffey moved and Dittmar seconded to adjourn to a Council Study Session on August 18, 2015 at 6 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote, Ensey absent. The meeting adjourned at 3:30 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: Page 2 of 2 ,r YAKIMA CITY COUNCIL STUDY SESSION November 10, 2015 City Hall -- Council Chambers 10:00 a.m. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover (arrived at 10:33 a.m. Staff: City Manager O'Rourke, City Attorney Cutter and Acting City Clerk Stephens 2. Mill Site Update City Manager O'Rourke introduced Community Development Manager Joan Davenport who reviewed t an 'RAFT e County Engine ary E e s transportation projects related the Mi iwer ooke briefly about LIFT funding, p e Senator Curtis King spoke about how the City, Yakima County and the State of Washington, Department of Transportation have worked together to start this project. Mayor Cawley thanked Senator King for his support. Jeffery Fellows of Landau and Associates briefed Council on a volunteer agreement the City entered into with the Department of Ecology in February 2014. He noted a draft report has been provided and a follow-up meeting between the parties is scheduled for November 20, 2015. Steve Lewis of Lochner and Associates discussed the current Phasing and Funding portion of the project. AUDIENCE COMMENT: Ron Anderson talked about what he thinks can happen with this property. He considers it to be a one time opportunity for the community to get this right. 3. 2015 Citizen survey results City Manager O'Rourke reviewed overall positive trends, which included public safety and customer service. He stated the public wants to continue to see improvements in Built Environment, Housing, some community issues and street repairs. He discussed the overall and district - specific results. He suggested the results from the online survey and mailed survey are similar over the last two years, and that it might be possible to alternate them, which would save money. 4. Adjournment Motion: Coffey moved and Dittmar seconded to adjourn to the next Council Business Meeting on November 17, 2015 at 6 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 11:02 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE kfJ In Mo MAYOR .......... �9 YAKIMA CITY COUNCIL November 17, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearings BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and Acting City Clerk Stephens 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Dis r f the der A. s ns nt ucti i 2 ears ice fo r Katy arra Brad Coughenour, 911 / Suncom Manager, recognized Katy Ybarra for 25 years of service to the City of Yakima. World Aids Day Mayor Cawley proclaimed World Aids Day for December 1, 2015. John and Kelly Penfold accepted the proclamation. B. Appointments to Boards, Commissions and Council Committees Council Nominating Committee recommendations for appointment MOTION: Dittmar moved and Adkison seconded to approve the recommendations. The motion carried by unanimous vote. 4. Council Reports A. Quarterly update from Dave Fonfara, the Yakima Planning Commission Chair to the City Council Mayor Cawley noted Chairman Fonfara was not available to comment on the report; however, the report is included in the packet for review. 5. Consent Agenda Page 1 of 7 Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) MOTION: Ettl moved and Adkison seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2015 Treasury Report B. Set December 1, 2015 as the date for an Open Record Public Hearing for the 2015 Text Amendments to the Yakima Urban Area Zoning Ordinance C. Set date of December 8, 2015, for the Closed Record Public Hearing on the Preliminary Plat of Rainier Court, Justin Hellem / Columbia Ridge Homes developers D. Set date of December 8, 2015, for the Closed Record Public Hearing on the Preliminary Plat of Summit View, Rich Hochrein / Summit Crest Construction E. Resolution setting dates of December 1, 2015 and December 7, 2015, for Public Hearings to review the Yakima Plannin Commission's recommendation Co RA d RESOLUT N NO. 2 ime fo ix Public Hearings before the ty Cou ill d Fa tting time fo hree Public Hearings before Cit n D i pplications r the 2015 Annual Comprehensive Plan Amendments and concurrent application requests for rezones. F. Resolution authorizing the execution of a 5 -year I nterlocal Agreement with Yakima County for purchase and the joint use of a Mass Notification System RESOLUTION NO. R- 2015 -138, A RESOLUTION authorizing the City Manager to execute and administer an intergovernmental service agreement between Yakima County (County) and City of Yakima (City) for the joint use of a Mass Notification System. G. Resolution authorizing an Master Interlocal Agreement with Yakima County which updates and continues to provide a management structure for growth within the City's Urban Growth Area RESOLUTION NO. R- 2015 -139, A RESOLUTION authorizing the City Manager to execute a Master Interlocal Agreement between the City of Yakima and Yakima County which updates and continues to provide a management structure for growth and development that is coordinated and meets the goals and policies of the Growth Management Act for development occurring within the City's Urban Growth Area. H. Resolution approving three locations for cold weather shelters in the City of Yakima RESOLUTION NO. R- 2015 -140,A RESOLUTION authorizing and directing the Yakima Community Development Department to identify and implement a policy regarding Page 2 of 7 temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only from November 18, 2015 through March 15, 2016 Resolution authorizing a letter of agreement clarifying post- retirement VEBA contribution language with the Yakima Police Management Unit represented by Teamsters Local #760 RESOLUTION NO. R- 2015 -141, A RESOLUTION authorizing a Letter of Agreement between the Yakima Police Management Unit represented by Teamsters Local No. 760 and the City to correct a non - compliant provision of the previously adopted Collective Bargaining Agreement effective January 1, 2015 through December 31, 2018. Resolution concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2016, as provided in YMC 2.20.116 (C) RESOLUTION NO. R- 2015 -142, A RESOLUTION concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2016, as provided in YMC 2.20.116 (C). K. Resolution authorizing the City Manager to grant a 2.5% adjustment in base pay e 2 RESOLUT 2 N ing the ity Manager to grant a 2.5% adju s n Employee up in 2016. L. i the 2015 b et and making appropriations fr om Unappropriated Fund Balances within various Funds for expenditure during 2015 (First reading on November 3, 2015) ORDINANCE NO. 2015-032, AN ORDINANCE amending the 2015 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various funds for expenditure during 2015 for various purposes described in the attached Schedule. M. Second reading of an ordinance authorizing a Limited Tax General Obligation Bond, not to exceed $5,000,000, to finance the acquisition and improvements to a soccer /multi -use sports campus (First reading November 3, 2015) ORDINANCE NO. 2015-033, AN ORDINANCE of the City Council of the City of Yakima, Washington, authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of not to exceed $5,000,000 to finance costs related to acquiring, designing, constructing and improving a soccer /multi -use sports campus and other park projects in the city; providing the form of the bond; and authorizing the sale of the bond to Cashmere Valley Bank. 6. Audience Participation Bill Duerr, City resident, talked about the Code of Ethics voted on by Council in 2009. He feels several Council members have violated the Code over the last couple of years and Page 3 of 7 should be held accountable by a Committee. Tom Allen, non -City resident, expressed his disagreement with Mr. Duerr and thanked Council members and City Manager O'Rourke for their service. He also thanked Codes Employee Glen Denman for responding to his questions. Shawn Niles, Pastor of Dad's House, thanked Council members and City Manager O'Rourke for making Yakima a better place to live. Paula Zambrano, City resident, through an interpreter, asked Council to consider mandating an increase in the minimum wage to $15 per hour within the City limits. Joey Anderson, City resident, asked about the special meeting regarding Mr. O'Rourke's separation agreement. Maria Campos, urged Council to consider increasing the minimum wage in Yakima to $15 per hour. Jose Lopez, City resident, through an interpreter, asked Council to consider an increase in the minimum wage to $15 per hour within the City limits. Bev Luby Bartz, City resident, spoke against the proposed neighborhood associations. She believes this would be a barrier between the residents and City Council. Janet urge o c 15 m' um w Rev. Willie ride, Ci re anke .. m or all t y have done for the City of Yaki a. He o ke i p o in as g the minimu wage to $15 per hour. Lupe Sanchez, City resident, spoke in support of increasing the minimum wage to $15 per hour. PUBLIC HEARINGS 7. Continued public hearing to consider citizen comments on the proposed 2016 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs Archie Matthews, ONDS Manager, briefed Council on the issue. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. Mr. Matthews stated this item will be back on the December 1, 2015, agenda for another public hearing and action. 8. First public hearing on the proposed 2016 Revenue and Expenditure Budget for the City of Yakima City Manager O'Rourke briefed Council members on the proposed budget. Mayor Cawley opened the public hearing. Page 4 of 7 10 John Cooper, CEO Yakima Valley Tourism, noted they have Committee Members from the Lodging Tax Advisory Committee in attendance and reported on their last meeting and how it impacts the budget. Finance Director Epperson noted this item will be back on the December 1, 2015, meeting for another public hearing. Public hearing pertaining to Ad Valorem Taxes to be levied for collection in Fiscal Year 2016 Finance Director Epperson briefed Council members on the ordinances. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the ordinance by title only. A: ORDINANCE NO. 2015-034, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2016 regular levy up to 100.25% along with new construction, annexation, refunds and growth in state - assessed property values from the amount levied the previous year. MOTION: ov secon to pa i motion requires a supermaj ity vot he fore, t moti ed b 4 -3 vote wit ittmar, Ensey and Lover votin no. Finance Di ers reco a ed a . ent increase hich still requires a supermajori y vo e to set e levy. MOTION: Cawley moved and Ettl seconded to amend the ordinance by increasing the levy by 100.25%. The motion carried by a unanimous vote. The City Clerk read the ordinance by title only. B: ORDINANCE NO. 2015-035, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2016 Budget for the City of Yakima. Mayor Cawley noted this may be amended to make the .25 percent change. MOTION: Dittmar moved and Ettl seconded to passed the ordinance. The motion carried by a unanimous vote. CITY MANAGER REPORTS Amend North First Street Project Design and Phasing City Manager O'Rourke and Chief Engineer Sheffield briefed Council on the issue noting they are dividing Phase 2 into two separate phases. Page 5 of 7 11. Status Report on the Final Draft Yakima Bike Master Plan 12 Community Development Director Davenport briefed Council on the Bike Master Plan. Robert Strader, City resident, noted he appreciated the idea of buffered bike lanes; however, he is concerned about the lack of bike lanes North of I Street leading to the freeway. Marla Powers urged Council to keep bike lanes for phase 2 and 3 as bicylists want to utilize roads, not just the Greenway. Chad Dow stated they serve a lot of Thanksgiving meals at the Union Gospel Mission and many of those people have only bicycles for transportation. He stated the area is very busy with bikes and they need a safe way to travel. Phil Hogue, City resident, spoke in support of the phasing and protected bike lanes but urged Council to reconsider bike lanes on North First Street and postpone the decision until the transportation plan is completed. Tony Courcy, City resident, stated he asks questions and doesn't get answers. He also complained about the crosswalk built and taken down by St. Joesph's. Ms. Davenport stated there are choices for riding bikes on North First. One choice is to turn on I St take to route from y, which will have a two foot gin, a yc e , whi Ovid, ome area eople to ride. Another option is th idewa T nl e y c of ri on a ewalk is in the downtown a. Resolution g le r of s or pas nd funding o he Yakima River Basin Water Enhancement Project Phase I I I Act of 2015 (S. 1694) Dave Brown, Water and Irrigation Manager, briefed Council on the item. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2014 -144, A RESOLUTION authorizing the City Manager to execute the attached letter of support for passage and funding of the Yakima River Basin Water Enhancement Project Phase I I I Act of 2015 (S. 1694). MOTION: Ettl moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 13. Other Business Council Member Ettl asked if it is possible for the Council to mandate a $15 minimum wage. City Attorney Cutter noted there are some cities in the State of Washington where a minimum wage was increased by a vote of the people. He is not certain if this can be done council matically. Mr. Ettl asked if the Council could place this on the ballot for consideration or if it had to be done by a petition. Mr. Cutter noted he would need to do further research on the issue. 14. Adjournment Page 6 of 7 Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on December 1, 2015, at 6 p.m, in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 7:49 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE 11�kwfj In Mo MAYOR Page 7 of 7 December 1, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearings BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: Interim City Manager Cutter, Acting City Attorney Kunkler and Acting City Clerk Stephens 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Dis ssio or a Goo of th er A. sentat s e ition cti s i. Oat f Offic Interim y anagerJT Acting City Clerk Stephens administered the Oath of Office to Interim City Manager Cutter. 4. Council Reports None. 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Item 17 (now 5k) was added to consent agenda and item 5b (now 16) was 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: Coffey moved and Adkison seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2015 Accounts Receivable Status Report B. 3rd Quarter 2015 Financial Trend Monitoring System Page 1 of 10 C. Project Completion and Contract Acceptance for Specialized Pavement Marking, Inc. - Project 11050C Terminal Apron Rehabilitation (Standard Motion V -B- Accept the project and approve) D. Resolution authorizing certain uncollectable parking citations to be written off RESOLUTION NO. R- 2015 -145, ARESOLUTION authorizing the write -off of certain uncollectable parking citations and penalties for the City of Yakima. E. Resolution authorizing certain uncollectable central accounts receivables to be written -off RESOLUTION NO. R- 2015 -146, A RESOLUTION authorizing the write -off of certain uncollectable central accounts receivables for the City of Yakima. F. Resolution authorizing the write off of certain uncollectable delinquent utility accounts receivable funds RESOLUTION NO. R- 2015 -147, A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. G. Resolution authorizing 2016 Animal Control Contract between the City of Yakima and Yakima Humane Society RESOLUTION NO. R- 2015 -148, A RESOLUTION authorizing and directing the City Manager o f Y ecute nima Tanirectfing th the Humane Society of ntral hi ton fo e y 16 H. solutio u nzi ubli er reement e & Associates RESOLUT . R -2 -149, OLUTI thorizing the City Manager and City Clerk to execute the Public Defender Agreement with Troy Lee and Associates. Resolution authorizing the execution of an Intergovernmental Agreement with Yakima County Fire District #11 for the acquisition and use of a water tender truck RESOLUTION NO. R- 2015 -150, A RESOLUTION authorizing the City manager to execute and administer an intergovernmental agreement between Yakima County Fire District No. 11 and City of Yakima for acquisition and use of a water tender truck for fire suppression services. Resolution authorizing a Memorandum of Understanding with the Yakima Police Patrolman's Association extending the term of the Assigned Police Vehicle (APV) program RESOLUTION NO. R- 2015 -151, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the Yakima Police Patrolman's Association extending the Assigned Police Vehicle (APV) program agreement through December 31, 2019. K. Resolution approving an agreement with People for People to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Page 2 of 10 6. 7 Initiative Youth and Family Development Center RESOLUTION NO. R- 2015 -153, A RESOLUTION approving an agreement with People for People to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center, and authorizing and directing the City Manager of the City of Yakima to execute and administer such agreement, with effective date to be January 1, 2016. Audience Participation Tom Allen, non resident, congratulated Assistant Mayor Coffey, Council Members Adkison and Lover on their new terms. He discussed the proposed budget regarding dangerous buildings and believes some structures listed could be rehabilitated. Carl Pasten, City resident and Executive Director of Yakima Valley Trolleys, representing the Trolleys provided an update on Trolley activities and requested additional funding before Council approves the 2016 budget. PUBLIC HEARINGS Final public hearing to consider citizen comments on the proposed 2016 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs ONDS Manager Matthews briefed Council on the Plan. Mayor Cain Tom Allen, dangerous The City C read the would available to rehab the nding proce with Mr. Allen. RESOLUTION NO. R- 2015 -152,A RESOLUTION adopting the HUD mandated 2016 Annual Action Plan for the City of Yakima. MOTION: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. Second public hearing on the proposed 2016 Revenue and Expenditure Budget for the City of Yakima Finance and Budget Director Epperson briefed Council on the updates to the budget from the last meeting. Mayor Cawley opened the public hearing. Carl Pasten, Executive Director of Yakima Valley Trolleys, asked if there is any extra revenue for the Trolleys. Mayor Cawley noted they would have to take funding away from another source. Mr. Pasten asked if he would be eligible to serve on the Lodging Tax Committee. Mayor Cawley stated he believes he would be. Tom Allen, non - resident, asked if any of the funding allocated to demolish buildings could be cut in half to in order to rehabilitate some houses. Page 3 of 10 Acting City Attorney Kunkler noted the houses at the bottom of the list are on a monitoring list, not a demolish list, and providing funding to private home owners is a gift of public funds and is illegal. Council Member Lover stated on page 10 there is a citizen survey and an employee survey and it should be an every other year process. Council Member Ettl believes this is not good timing with new council members beginning in January. Council Member Adkison feels the new Council should have this in 2016 and begin every other year after that. MOTION: Lover moved and Dittmar seconded that both surveys be removed from the 2016 budget and moved to the 2017 budget to make it an every other year process. The motion failed by a 5 -2 vote with Dittmar and Lover voting yes. Council Member Lover would like to remove the Neighborhood Partnership issue from the 2016 budget to let the new Council members and City Manager have more input on the issue. MOTION: Lover moved and Ettl seconded to remove the Neighborhood Partnership positions from the 2016 budget. The motion failed by a 4 -3 vote with Dittmar, Ettl and Lover voting yes. The budget will be brought back for adoption at the December 8, 2015, Business meeting. 9. Public hea 3,i n sider Yaki ion's recommen r g text en e to t Yakima Urb Area Zoning Ordinance, 5 Jeff Peter g fanner, e d Cou o he ordinanc Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-036, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020. MOTION: Coffey moved and Ettl seconded to pass the ordinance. The motion carried by unanimous vote. 10. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Elves Family Investments (CPA #001 -15, RZ #001 -15), changing the classification of the property located in the vicinity of W Nob Hill Blvd and S 40th Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Darrel Elves, non - resident, spoke in support of the ordinance. Page 4 of 10 The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-037, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of South 40th Avenue & Nob Hill Boulevard, from High Density Residential to Neighborhood Commercial, and rezoning from Multi - Family Residential (R -3) to General Commercial (GC) as more fully described herein. MOTION: Dittmar moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote. 11. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Larry Hull (CPA #002 -15, RZ #002 -15), changing the classification of the property located at 304 Division Street Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Larry Hull, City resident, spoke in support of the ordinance. The City Clerk read the ordinance by title only. ORDINAN Rind DIN E co lation, comprehe ve pla ing uture and Use Ma nd Zoning Map of the City of Yaki a as fohe s ati prope located at 304 Division St t, fro n er I, and rezoni from Light Industrial (M -1) to G ore fu ribed herein MOTION: Coffey moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. 12. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Super Cold Storage, LLC (CPA #003 -15, RZ #003 -15), changing the classification of the property located in the vicinity of River Rd & N 16th Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordinance on behalf of the applicant. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-039, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of N. 16th Avenue and River Rd, from Regional Commercial to Industrial, and rezoning from Large Convenience Center (LCC) to Light Industrial (M -1) as more fully described herein. Page 5 of 10 MOTION: Coffey moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote. 13. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Westwood West Corp. (CPA #006 -15, RZ #006 -15), changing the classification of the property located in the vicinity of S. 64th Ave & Tieton Drive Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordinance on behalf of the applicant. He referenced the neighbors concerns and feels they took care of most concerns by buffering the neighbors with an R -1 zone. Angela Watts, Assistant Superintendent, West Valley School District, expressed her concern with the growth and the school districts' ability to handle the capacity. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-040, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of sixteen parcels located in the vicinity of 6 E)( a rive, f Low Professional Office, Re ial, Me m Re ential and Hi Residential, and rezoning fr a enti - o P al Bu ess (B -1), Small Convenien ), T am' nti (R -2), and M i- Family Residential (R -3) as m ed he MOTION: Dittmar moved and Ettl seconded to pass the ordinance. The motion carried by unanimous vote. 14. Public hearing and ordinance consideration of the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Cottonwood Partners, LLC (CPA #007 -15, RZ #007 -15), changing the classification of the property located in the vicinity of S. 64th Ave & Occidental Rd Jeff Peters, Supervising Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Tom Durant, Durant Services, spoke in support of the ordinance. He stated they have been through the SEPA process, public hearings and the Planning Commission at which the West Valley School District did not participate. Angela Watts, Assistant Superintendent, West Valley School District, stated they have a concern with R -3 zoning and the ability to handle the growth of new students. They understand there could be up to 1,500 new students if this application and two others are approved. Mr. Peters stated notices were mailed to Angela Watts at West Valley School District. He Page 6 of 10 understands the School District has other options such as bonds and redistricting and reported the Planning Commission recommended the rezone. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-041, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use and Zoning Maps of the City of Yakima as follows: changing the classification of the properties located at 2309 S. 64th Ave., Assessor's Tax Parcel Numbers: 18120513009 and 18120511001, from Low and Medium Density Residential (Future Land Use) and Single - Family (R -1) and Two - Family (R -2) Residential (Zoning) to High Density Residential (Future Land Use) and Multi - Family Residential (R -3) (Zoning). MOTION: Dittmar moved and Ettl seconded to pass the ordinance. The motion carried by 6 -1 vote, Lover voting no. 15. Public hearing and ordinance consideration of the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Johnson Family Century 21, LLC (CPA #009 -15, RZ #009 -15), changing the classification of the property located in the vicinity of SummitviewAve & N. 52nd Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordi eh plica The City CI k read y titl nl ORDINAN 15 2, A ANC o rning land u regulation, comprehensive planning, and amen in the Future and Use Map and Zoning Map of the City of Yakima as follows: changing the classification of property located in the vicinity of 56th Avenue and Summitview Avenue, from Medium Density Residential to Neighborhood Commercial, and rezoning from Two - Family Residential (R -2) to Local Business (B -2) as more fully described herein. MOTION: Ettl moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. CITY MANAGER REPORTS 16. 3rd Quarter 2015 Capital Improvement Projects Report Phil Hogue, City resident, asked for further scrutiny on the William O. Douglas trail. Mayor Cawley instructed staff to meet with Mr. Hogue. MOTION: Adkison moved and Ettl seconded to approve the report. The motion carried by unanimous vote. 17. Resolution approving Amendment to the Southeast Yakima Community Center Operating Agreement with OIC regarding 2015 Service Fee This item was postponed. Page 7 of 10 18. Resolution authorizing a professional services agreement for investigation services with Russ Perisho SeniorAssistant City Attorney Harvey briefed Council on the agreement. Mr. Perisho described his work experience as an employment lawyer focusing on workplace investigations. Council Member Ensey stated he has always been in favor of an outside investigator and asked how other cities handle this. City Attorney Cutter noted many cities hire an outside investigator. Although the Washington State Patrol may investigate a criminal matter, but not a regular employment issue. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2015 -154, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement for investigation services with Russ Perisho. MOTION: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by unanimous vote. 19. Resolution providing for both repeal of prior Resolution No. R- 2008 -158 relating to the Lodging Tax Advisory Committee; and further providing for establishing a Lodging Tax Advisory Committee with nine members; and Consideration of Motion to reappoint the current me the RA Senior Ass ant Cit tt y FgingdTa issu John Coop Vx Co ittee Member Sara Allen from e e gesto ey have spplica ions f or reappointment and recommended the applicants be reappointed to this Committee. He noted the Committee met recently and believes seven members is sufficient. Sara Allen noted the Lodging Association prefers the Committee be kept to seven members. Council Member Lover feels it should be increased to nine members and include the Washington State Fair /SunDome. Assistant Mayor Coffey noted in her previous job with the Visitor Center, she helped draft the legislation. She reported the City collects the tax through the hotels in the City limits and the funding is for maintenance and support of City owned facilities. The SunDome is owned by the County, which also collects lodging tax in the City of Yakima and does not pay to operate and maintain any City facilities or even the SunDome. She believes Council should listen to the lodging partners on this issue and keep the Committee to seven members. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2015 -155, A RESOLUTION providing for both repeal of prior Resolution No. R- 2008 -158 relating to establishing a Lodging Tax Advisory Committee; and further providing for establishing a Lodging Tax Advisory Committee for the City of Page 8 of 10 Yakima, establishing procedures for appointment of the members of the Advisory Committee and for meetings of the Advisory Committee, and specifying the duties of the Advisory Committee. MOTION: Lover moved and Dittmar seconded to adopt the resolution. The motion carried a 4 -3 by vote, Ensey, Coffey and Adkison voting no. MOTION: Dittmar moved and Ettl seconded to reappoint John Cooper and Sara Allen to this Committee. The motion carried by unanimous vote. ORDINANCES 20. Ordinance making annual updates to YMC 9.70 - Special Events and Parades Economic Development Manager Hawkins briefed Council on the ordinance. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-043, AN ORDINANCE relating to special events; amending Chapter 9.70 of the Yakima Municipal Code regarding permitting and administration of special events. MOTION: Ettl moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. 21. Other Bu ess Mayor Ca y distri a RDittma en a ng ation Interim City Manager Cutter as h akes t re o on nd suggeste 30 percent increase. mb mmen ing him the me salary as City Manager. Council Member Lover stated there is a difference in the interim position. MOTION: Dittmar moved and Ettl seconded to pay Interim City Manager Cutter the same salary as the previous City Manager. The motion carried by a 5 -2 vote. Coffey and Ensey voting no. 22. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Special Council Meeting on December 7, 2015 at 6:30 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 8:50 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE Page 9 of 10 ATTEST: CITY CLERK DA lawfkAj A =a' MAYOR Page 10 of 10