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HomeMy WebLinkAbout08/05/2019 15A Council General Information ir41 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 15.A. For Meeting of:August 5, 2019 ITEM TITLE: Council General Information SUBMITTED BY: Sonya Claar Tee, City Clerk SUMMARY EXPLANATION: 1 . Thank you letter 2. Community Renewal memo 2. First Quarter Municipal Court report 3. Preliminary Council Agenda 4. City Meeting Schedule 5. Preliminary Future Activities Calendar ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: /11 City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D thank you letter 7/31/201 r e o D hem umety rene I memo 7/31/ 01 r e o 0 7/31/ 01 r e o 2 ECEIVED CITY OF YAKIMA "1 2 5 2019 July 23, 2019 Mr. Archie M. Matthews, OND Manager Neighborhood Development Services 112 S 8th Street Yakima, WA 98901 City of Yakima Council Members C/O City Manager's Office 129 N Second Street Yakima, WA 98901 This letter is to let you all know how much I am appreciating the ramp that was installed at my residence last month by the staff from the Office of Neighborhood Development Services. I was planning to have right hip surgery a week or so later which would create a fall risk if I had to use the steps up and down from my front and back porches. The ramp has been a blessing to me. It provides safe access to and from my home and helps me to be more self-sufficient. The office staff was kind and very helpful in processing the paperwork that I submitted and answering all my questions. The installers were pleasant and professional in putting the ramp in place. Thank you so much for providing this program for me and for many others. Sincerely Sandra J. Collins 55 W. Washington Ave, Unit 57 Yakima, WA 98903 Phone: 541.981.1061 3 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Sheet,Yakima,Washington 99901 (509)575-6030 Fax(509)575-6160 MEMORANDUM January 11 , 2017 TO: Chairperson Dulce Gutierrez, Neighborhood and Community Building Committee and Committee members Avina Gutierrez and Carmen Mendez Cliff Moore, City Manager FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Community Renewal Law and Examples Dear Chairperson Gutierrez and Committee Members, Please accept this memorandum as an outline of the Community Renewal Law, RCW Chapter 35.81 , for your review and further discussion. This was done at the request of Committee member Avina Gutierrez, who requested that staff look into the use of this statute. This memo outlines the law itself, as well as some legal issues surrounding use of the law. I also include some examples of projects and processes used by other cities utilizing this statute for your review and discussion. 1. The Community Renewal Law, Chapter 35.81 RCW: Background The Community Renewal Law was originally passed in 1957 and updated in 2002. The purpose of the law is to address areas of municipalities suffering from blight and provide those municipalities a tool to acquire and redevelop blighted areas to stimulate economic development. Under the law, "blighted area" is defined as: an area which, by reason of the substantial physical dilapidation, deterioration, defective construction, material, and arrangement and/or age or obsolescence of buildings or improvements, whether residential or nonresidential, inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; inappropriate uses of 4 Memorandum to NCBC members July 31, 2019 Page 2 land or buildings; existence of overcrowding of buildings or structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; size, adequacy, accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; deterioration of site; existence of hazardous soils, substances, or materials; diversity of ownership; tax or special assessment delinquency exceeding the fair market value of the land; defective or unusual conditions of title; improper subdivision or obsolete platting; existence of persistent and high levels of unemployment or poverty within the area; or the existence of conditions that endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime; substantially impairs or arrests the sound growth of the municipality or its environs, or retards the provision of housing accommodations; constitutes an economic or social liability; and/or is detrimental, or constitutes a menace, to the public health, safety, welfare, or morals in its present condition and use. RCW 35.81 .015(2). The statute encourages public-private partnership, stating, "A municipality, to the greatest extent it determines to be feasible ... shall afford maximum opportunity, consistent with the needs of the municipality as a whole, to the rehabilitation or redevelopment of the community renewal area by private enterprise." RCW 35.81 .030. "Rehabilitation" and "redevelopment" are both specifically defined in the statute as follows: "Rehabilitation" includes the restoration and renewal of a blighted area or portion or portion thereof in accordance with a community renewal plan, by (a) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of real property and demolition or removal of buildings and improvements thereon where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (c) installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the community renewal provisions of this chapter; and (d) the disposition of any property acquired in such community renewal area for uses in accordance with such community renewal plan. 5 Memorandum to NCBC members July 31, 2019 Page 3 "Redevelopment" includes (a) acquisition of a blighted area or portion thereof; (b) demolition and removal of buildings and improvements; (c) installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the area the community renewal provisions of this chapter in accordance with the community renewal plan; (d) making the land available for development or redevelopment by private enterprise or public bodies (including sale, initial leasing, or retention by the municipality itself) at its fair value for uses in accordance with the community renewal plan; and (e) making loans or grants to a person or public body for the purpose of creating or retaining jobs, a substantial portion of which, as determined by the municipality, shall be for persons of low income. RCW 35.81 .015(19) & (18) respectively. A Community Renewal Plan must be formulated by the municipality as part of the process. Community Renewal Plans must also be consistent with the city's comprehensive plan and updates, and, if necessary, any changes to the comprehensive plan must be made prior to approving the Community Renewal Plan and its projects. RCW 35.81 .060(1). Community Renewal Plans must have the following elements: 1 . They must be consistent with the comprehensive plan; 2. They must be sufficiently complete to indicate the proposed actions to be carried out in the renewal area (i.e. demolition, land acquisition, improvements, etc.) and must outlining any zoning changes and public facilities improvements; 3. Must address the need for replacement housing if any housing is lost as a result of the plan; and 4. May include a plan to address persistent high levels of unemployment or poverty in the community renewal area. RCW 35.81 .015(6). Any community renewal project proposed as part of the Community Renewal Plan includes an undertaking that will eliminate or prevent the spread of blight, encourage economic growth through job creation or retention, and/or redevelop or rehabilitate the community renewal area. RCW 35.81 .015(7). 2. Community Renewal Plans: Steps Necessary to Have a Plan Approved There are a lot of steps that need to be taken prior to approval of a Community Renewal Plan. First, staff and a council member committee will need to look at what 6 Memorandum to NCBC members July 31, 2019 Page 4 areas of the city might fall under the definition of "blight" and determine if any would be appropriate for a Community Renewal Plan. There may be a number of areas in the city qualifying under the statutory definitions. Research and evaluation of economic and non-economic factors will need to be done to determine which location(s) should take priority based on best fit(s) for the city and private development within the statutory requirements. This research could include evaluating whether there are interested private developers interested in the area, whether community members in the area are supportive of the plan, and where funding will come from to accomplish components of the plan (if necessary—such as to purchase property or improve infrastructure). Once areas are vetted and an area or areas are chosen to be further evaluated as part of a Community Renewal Plan, the City Council must pass an ordinance or resolution which finds the following: 1 . One or more blighted areas exist in the municipality; and 2. The rehabilitation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality. RCW 35.81 .050(1). This creates the need for a community renewal agency to exercise power and authority with regards to the community renewal areas. After the ordinance is adopted, the City Council can elect to have the agency and its powers exercised in one of three ways: 1 . Appointing a board composed of not less than five members which must include both municipal and elected officials, appointed by the mayor and approved by the full council; or 2. The City Council can exercise authority with regards to the agency themselves directly; or 3. The City Council can form a new public corporation outside of the City Council to exercise the powers outlined in the statute. In all events, the group of individuals exercising decision-making authority is considered the community renewal agency. The agency evaluates the blighted areas outlined in the ordinance or resolution and comes up with a proposed Community Renewal Plan with proposed appropriate community renewal projects. In some cities, the agency set up ad hoc committees or resident advisory committees to get community input during the project planning process. Consultants have also been hired to help communities visualize how blighted areas can be improved to further economic development and enhance the community. 7 Memorandum to NCBC members July 31, 2019 Page 5 No Community Renewal Plan, or any project thereunder, can be approved by the City Council unless it is determined that the proposed plan and projects conform to the comprehensive plan. If the plan and projects do not conform to the comprehensive plan, the City Council cannot take action on the proposed Community Renewal Plan until the comprehensive plan or parts of the comprehensive plan for the area have been prepared as necessary. RCW 35.81 .060(1). Once it is determined that the plan is in conformance with the comprehensive plan, the City Council must hold a public hearing on the Community Renewal Plan and corresponding proposed project(s).1 The notice requirements are different than a regular public hearing, and require two publications, one per week for two consecutive weeks not less than ten nor more than thirty days prior to the date of the hearing. RCW 35.81 .060(3). Notice also must be mailed not less than ten days prior to the hearing to each property owner within the plan area. Id. After the public hearing, the City Council can approve the plan and its projects if it makes the following findings: 1 . A feasible plan exists for making available adequate housing for residents who may be displaced by the project; 2. The community renewal plan conforms to the comprehensive plan for the municipality; 3. The community renewal plan will afford maximum opportunity, consistent with the needs of the municipality, for the rehabilitation or redevelopment of the community renewal area by private enterprise; 4. A sound and adequate financial program exists for the financing of the project; and 5. The community renewal project area is a blighted area as defined in RCW 35.81 .015(2). RCW 35.81 .060(4). Community renewal plans can be modified by the City Council. RCW 35.81 .060(5). Once the plan for the community renewal area is approved through ordinance, then the plan can be carried out through an RFP procedure, contracting, providing technical assistance, providing financial assistance, and to survey and appraise the property in preparation for projects, among other municipal powers as outlined in RCW 35.81 .070. Regardless of how the agency is set up(i.e. new committee, City Council itself, or a new public corporation),the City Council is the ultimate decision maker on the Community Renewal Plan and its projects. 8 Memorandum to NCBC members July 31, 2019 Page 6 One significant power a municipality has to accomplish the community renewal plan is to acquire property through eminent domain. RCW 35.81 .080. "Condemnation for community renewal of blighted areas is declared to be a public use... ." However, using eminent domain for community renewal areas has been criticized as using public funds to acquire private property for private use, since the end result of community renewal projects is private housing and/or commercial economic development. Council will need to evaluate community renewal areas to determine if eminent domain is necessary, especially with regards to displacing residential property owners through eminent domain. Some cities' projects have not required eminent domain, instead agreeing to purchase properties rather than condemn them. There are many options available. If the City acquires property as part of the community renewal plan, it can turn around and sell or lease the property for a community renewal project to a private entity. It can also retain the property, but only if the property is retained for parks, education, public utilities, public transportation, public safety, streets, administrative buildings or civic centers (as long as they are part of the community renewal plan). RCW 35.81 .090. Bonding is also allowed to finance projects. RCW 35.81 .100, et. seq. Contracts and RFPs will need to be specific to the community renewal project and its goals. Local Improvement Districts (LIDs) are also authorized under the statute to allow the city to assess certain of the properties (or all of the properties depending on the improvement) for improvements to infrastructure, such as sidewalks or connection to sewer, for example. It should be noted that these LIDs are also available outside the Community Renewal Law forum to repair and replace sidewalks and other public facilities and infrastructure. (RCW http://app.leq.wa.gov/RCW/default.aspx?cite=35.43.040) 3. Examples of Community Renewal Projects A list of community renewal projects can be found here under Local Government Implementation: http://mrsc.orq/Home/Explore-Topics/Economic-Development/Financinq-Economic- Development/Community-Renewal-Law.aspx One example is the City of Shoreline, which declared an abandoned Sears building, and surrounding parking lots and commercial properties along Aurora Avenue, as blighted. It determined that the area constituted blight for a number of reasons, including that the layout of the Sears building created a physical barrier to and from other commercial sites to the north and south, that there were not adequate road or pedestrian connections to connect with all of the possible sites in the area, and that it wasn't delivering on its potential to be a large-scale walkable shopping center for 9 Memorandum to NCBC members July 31, 2019 Page 7 Shoreline residents. See: http:Ilmrsc.orglCorporate/mediaiMedia Library/SampleDocuments/Ords/s55r333.pdf Shoreline then authorized the City Manager to start the process, obtain appraisals, acquire property, and take other actions to formulate a community renewal plan for the area. This original ordinance was passed in September 2012. Shoreline went through a significant environmental review throughout 2014 for its proposed improvements to the area. There were public hearings on the draft environmental impact statement in 2015. As far as I can tell, construction has not started. Here is the webpage that is dedicated to the plan and the overall redevelopment of the Aurora Square community renewal area: http://www.shorelinewa.gov/business/aurora-square-community-renewal-area As part of any community renewal plan discussions, there should be a discussion of the public relations issues—how information is disseminated, a website with updated information about the plan and its projects, and community meetings. Vancouver, Washington, undertook an enormous challenge in its 2005 Fourthplain Community Renewal Plan, which included residential and commercial properties, an underutilized commercial corridor, and street and facility improvements. The Plan focused attention on specific areas and the overall goal was to make the area better for its residents. Vancouver prepared extensive documentation outlining the background for the plan, why the plan would benefit residents, and how the plan would be implemented. It engaged many stakeholders and had a public involvement program that targeted a diverse group of people, both residents and business people, to be involved. It engaged the community and made sure that committees and working groups reflected the community's diversity. An extensive amount of time was put into the project before the plan was adopted to ensure that the plan was acceptable to the community and could be accomplished. Consultants were hired at various steps along the way to help with planning and process. The 78 page plan can be found in the link below, and I would encourage you to review it to get a sense of the process and resources necessary for community renewal planning. It is a good example of a plan and the process, including the public involvement components, of the community renewal law. http://www.cityofvancouver.us/sites/default/files/fileattachments/community and econo min development/page/1415/fourthplainsubareaplan.pdf 10 Memorandum to NCBC members July 31, 2019 Page 8 4. Summary of Procedure Here is a basic summary of the steps to enact a Community Renewal Plan/Projects, noting that some of the steps could take more time than others: 1 . Research possible locations and determine if they meet the definition of"blight." 2. Adopt an ordinance or resolution finding that specific areas (or area) are blighted and redevelopment of those areas (or area) is necessary in the interest of public health and welfare. 3. Decide how the powers allowed by statute will be carried out: a. Formation of a new board or commission consisting of municipal and elected officials; b. The City Council will act itself; or c. Formation of a new public corporation. 4. Create a proposed Community Renewal Plan and proposed Community Renewal Projects. 5. Ensure the proposed plan and projects conforms to the Comprehensive Plan. If it does not, the Comprehensive Plan must be amended before the Community Renewal Plan or projects go before City Council. 6. Provide the proposed plan and projects to City Council. 7. Set and hold a public hearing on the proposed plan and projects. 8. Vote on the proposed plan and projects—the plan and projects must meet the statutory requirements and be acceptable to Council for approval. It should be noted that an approved plan and projects may be modified at a later date by the City Council if necessary. 9. Carry out the Community Renewal Plan (bidding, construction, infrastructure improvements, etc.). 5. Conclusion The Community Renewal Law allows the City to evaluate lands that fall under the statutory definition of"blight" and encourage economic development through a community renewal plan and its projects. Before a plan can be drafted, there first needs to be a finding of"blight" in a specific area or areas of the City. To determine these areas, Council will need to instruct staff to review possible areas that could fall under the statute, and bring a list to Council, or committee, for review. Council may want to include community members, business owners, and other stakeholders during this initial review, and each step of the way. 11 Memorandum to NCBC members July 31, 2019 Page 9 The law does not create a quick fix for blighted areas, or create funding for infrastructure improvements. It instead is a method to promote public-private partnerships to enhance economic development opportunities for cities. The process is extensive and time consuming, but other communities have been successful, and if the Council directs staff to move forward, staff will contact other cities to learn from their experiences. 12 40 117'k 4 frf ,i„.. YAKIMA CITY COUNCIL August 20, 2019 City Hall —Council Chambers 5:30 p.m. Regular Meeting; 6 p.m. Public Hearing 1. Roll Call 2. Pledge of Allegiance 3. Interpreter Services 4. Open Discussion for the Good of the Order 5, Council Reports A. Council Economic Development Committee report B. Council Public Safety Committee report 6. Consent Agenda Items listed are considered routine by the City Council and will be enacted by one motion without discussion. A Council member may request to remove an item from the Consent Agenda and, if approved, it will be placed on the regular agenda for discussion and consideration. A. Accept Council Committee minutes B. Approve payment of disbursements for the period July 1 - 31, 2019. C. Set date of September 17, 2019, for a dosed record public hearing to consider the Yakima Planning Commission's recommendation regarding a rezone application submitted by Gary Delaney for property at 1414 South 2nd Avenue D. Set September 17, 2019, as the date for a public hearing to consider the Planning Commission's recommendation concerning text amendments to Title 15 Yakima Urban Area Zoning Ordinance, Chapter 15.29 Wireless Communications Facilities E. Resolution authorizing a professional services contract for inmate health care services with Kite Med Consultants, LLC. F. Resolution authorizing Yakima Police Corrections Sergeants (Teamsters Local #760) Collective Bargaining Agreement for 2020-2023 G. Resolution authorizing an airport use agreement with the United States Air Force, to lease property located at 2300 W. Washington Avenue and 2012 S. 16th Avenue to support the 2019 Mobility Guardian military exercise H. Resolution authorizing acceptance of an Assistance to Firefighter Grant from FEMA Resolution authorizing a Airport Lease Agreement with Food Facility Engineering, Inc. for property located at 2300 West Washington Ave, Suite 11, Yakima Air Terminal-McAllister Field J. Resolution authorizing a contract with ABCD Construction, Inc. for Alley Paving Project 13 No. 2491 K. Ordinance adopting the City Council's decision on a rezone application sub% lk'A by Triumph Treatment Services for property at 2708 Jerome Avenue 7. Public Comment Community members are invited to address items that are not listed on the regular business meeting agenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity as possible for audience participation. A speaker's time may be extended at the discretion of the Mayor and/or the consensus or vote of the Council. Written communication and e-mail messages are strongly encouraged. PUBLIC HEARINGS 8. Final public input meeting on the 2018 Consolidated Annual Performance Evaluation Report (CAPER) DEPARTMENT ITEMS 9. 2nd Quarter 2019 Capital Improvement Projects Report 10. Review of unauthorized vehicles YMC 9.47 11. Resolution authorizing a renewal of Tourism Promotion Area Administration agreement with Yakima Valley Tourism 12. Ordinance re barking dogs 13. Oath of Office for Interim City Manager Cynthia Martinez 14. Other Business 15. Adjournment The next meeting will be a City Council special meeting on August 27, 2019, at 5:30 p.m. at City Hall 16. Council General Information A. Council General Information B. Distribution of the Complete Record for the 2019 Comprehensive Plan Map Amendments and concurrent Rezone applications Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the religious beliefs or views of this, or any other speaker. A Council packet is available for review at the City Clerk's Office and on-line at www.yakimawa.gov. The City provides special accommodations, such as hearing devices, wheelchair space or language interpreters, for City meetings.Anyone needing special assistance please contact the City Clerk's office at(509) 575-6037 at least two business days prior to the meeting. 14 CITY MEETING SCHEDULE For August 5—August 12, 2019 Please note: Meetings are subject to change Monday, August 5 3:30 p.m. Civil Service Commission — Council Chambers 5:00 p.m. Tree City USA Board — 2nd Floor Conference Room 5:30 p.m. City Council meeting — Council Chambers Tuesday, August 6 10:00 a.m. County Commissioners— Council Chambers Wednesday, August 7 5:30 p.m. Community Review Board — Council Chambers Thursday, August 8 9:00 a.m. Hearing Examiner— Council Chambers 10:00 a.m. Healthy Communities & Neighborhood Building Committee— 2nd Floor Conference Room 1:30 p.m. Clean Air Board —Council Chambers Monday, August 12 8:30 a.m. Pension Boards — 1st Floor Conference Room 5:30 p.m. Community Integration Committee — Council Chambers 15 Office of Mayor/City Council Preliminary Future Activities Calendar Please Note: Meetings are subject to change Meeting Organization Meeting Purpose Participants Meeting Location Date/Time Mon. Aug. 5 5:00 p.m. Tree City USA Board Board Meeting 2nd Floor Conference meeting Room 5:30 p.m. City Council Meeting Scheduled Meeting Council Council Chambers Wed. Aug. 7 3:00 p.m. Homeless Network of Scheduled Meeting Mendez Neighborhood Health Yakima Thur. Aug. 8 10:00 a.m. Healthy Communities and Scheduled Meeting Coffey, Hill, 2nd Floor Conference Neighborhood Building White Room Committee 1:00 p.m. Seniors Inc Board meeting Board Meeting Hill Harman Center 1:30 p.m. Yakima Regional Clean Air Scheduled Meeting Mendez Council Chambers Mon. Aug. 12 8:30 a.m. Pension Boards Board Meeting Gutierrez 1st Floor Conference Room 5:30 p.m. Community Integration Scheduled Meeting Gutierrez Council Chambers Committee Tue. Aug. 13 11:30 a.m. Chamber of Commerce Board Meeting Gutierrez Chamber of Board Meeting Commerce Wed. Aug. 14 10:00 a.m. Bike & Ped Committee Scheduled Meeting White 2nd Floor Conference Room 3:00 p.m. Planning Commission Scheduled Meeting Council Chambers 3:00 p.m, Homeless Network of Scheduled Meeting Mendez Neighborhood Health Yakima 5:30 p.m. Parks & Recreation Scheduled Meeting Council Chambers Commission Thur. Aug. 15 10:00 a.m. Police Chief meet and Scheduled Event Hill, Cousens Harman Center greet 4:00 p.m. YCDA Boardmeeting Board Meeting Gutierrez New Vision Fri. Aug. 16 8:30 a.m. Partnership Committee Scheduled Meeting Coffey, Hill, 2nd Floor Conference meeting Mendez Room 16 Mon. Aug. 19 1:30 p.m. YVCOG Executive Scheduled Meeting Hill YVCOG Committee meeting Tue. Aug. 20 5:00 p.m. (T) City Council Executive Scheduled Meeting Council Council Chambers Session 5:30 •.m. Cit Council meetin• Scheduled Meetin• Council Council Chambers Wed. Aug. 21 12:00 p.m. OIC Board meeting Board Meeting Gutierrez OIC 12:00 p.m. YPAL Board Meeting Board Meeting White WA Fruit Community Center Thur. Aug. 22 9:00 a.m. 911 Admin Board Board Meeting Suncomm 10:00 a.m. Homeless Network of Scheduled Meeting Mendez Neighborhood Health Yakima 1:30 p.m. Council Economic Scheduled Meeting White, Cousens, 2nd Floor Conference Development Committee Gutierrez Room 3:00 p.m. Council Public Safety Scheduled Meeting White, Cousens, 2nd Floor Conference Committee Gutierrez Room Tue. Aug. 27 8:30 a.m. Tourism Promotion Area Board Meeting Mendez Convention Center Board 5:30 p.m. Council agenda preview Scheduled Meeting Council Council Chambers meeting Wed. Aug. 28 3:00 p.m. Planning Commission Scheduled Meeting Council Chambers 5:30 p.m. Historic Preservation Scheduled Meeting White Council Chambers Commission Thur. Aug. 29 5:30 p.m. Council study session Scheduled Meeting Council Council Chambers