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HomeMy WebLinkAbout07/19/2011 00 Action Minutes ACTION ON YAKIMA CITY COUNCIL JULY 19, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Dave Ettl and Bill Lover Absent: Rick Ensey (excused) 2. Executive Session (allow 1 hour) • To evaluate the qualifications of an applicant for public employment Executive Session adjourned at 5:56 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Dave Etti and Bill Lover Staff: City Manager Morales, City Attorney Cutter and City Clerk Kloster Absent: Rick Ensey (excused) 2. Pledge of Allegiance Mayor Micah Cawley led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations -- None B. Presentations /recognitions /introductions • Flag presentation by Veterans of Foreign Wars (VFW) Honor Guard. Representatives from the VFW Honor Guard presented the City Council with a POW / MIA flag that was placed in the Council Chambers. • Recognition of retiring Assistant Planner Alice Klein Acting Community and Development Director Joan Davenport recognized Alice Klein for her 22 years of service to the City of Yakima. Alice received a service plaque and a retirement watch. C. Status on prior meeting's citizen service requests • Response to Lynne Kittelson regarding Downtown Transit Center Public Works Director Waarvick stated the Transit division is working with their ridership to provide the best safety policies and amenities that are financially feasible at this time. He added that most City's buses already have cameras installed. D. Appointments to Boards, Commissions and Council Committees -- None 4. Consent Agenda ACTION: Items 17, 19A, B and D were added to the consent agenda; a motion carried to adopt the consent agenda as read. VOTE: 6 -0, Ensey absent *A. Consideration of approval of City Council Meeting Minutes • Business Meeting — May 17, 2011 ACTION: Minutes were approved. *B. Consideration of approval of Council Committee Meeting Minutes • Transit/Transportation Planning Committee — June 16, 2011 ACTION: Minutes were approved. 5. Audience Participation Jerod Riley was concerned about parking permits and the parking problems disabled residents at Chestnut Manor were experiencing due to Capitol Theatre events. He also noted the stripes for parking spaces at that site have not been painted yet. Mike Hunnel said the City is being cheated out of revenue since the parking enforcement officer is not charging violators the full penalty for parking in handicapped spaces. He disparaged the officer's job performance and judgment. He thinks if the full fine amount were charged, it would deter people from violating the parking laws. Mr. Hunnel commented on code violations he believes exist at Albertsons and K -Mart. He also requested that the cameras at intersections be used to monitor red light violations and record accidents. He requested a meeting with Council Member Etti to discuss his concerns. Lynn Kittelson commended the recent Hispanic Civic League event noting that no City officials attended. She recommended that Council review the report from the Hispanic Commission. She stated the response to her concerns about the Downtown Transit Center was unsatisfactory. Interim City Manager Morales stated he did not appreciate Mr. Hunnel's attack on the City's law enforcement officers, and recommended that Council require Mr. Hunnel to submit a written apology to the officers before he is allowed to speak at another council meeting. Council Member Lover agreed and said attacks on staffs integrity, knowledge and abilities should not be tolerated as Mr. Hunnel is not qualified to make those judgments. Mayor Cawley advised he will join Council Member Ettl when he meets with Mr. Hunnel. 7:00 P.M. — PUBLIC HEARINGS 6. Public hearing to consider an amendment to the 2011 CDBG Annual Action Plan to include $1,800,000 of Section 108 loan funding for economic development and infrastructure and setting date of final public meeting for August 2, 2011 Interim City Manager Morales explained the parameters in order to maximize eligibility to use HUD Section 108 funds. The public hearing was held; no one came forward to speak. Council Member Lover asked the Council Neighborhood Development 2 Committee to review contracts to decide which ones need to be eliminated or reduced to accommodate the budget. ACTION: August 2, 2011 was set for a final public meeting on this issue. VOTE: 6 -0, Ensey absent 7. Cancel July 19, 2011 as the date of first public hearing (now scheduled for 8/2/11) to consider amendments to the 2011 Annual Action Plan regarding the reduction of CDBG and HOME program funding, and set date of final public hearing for August 16, 2011 ACTION: Motions carried to cancel the first public hearing for July 19 (now scheduled for August 2) and set the final public hearing for August 16, 2011. VOTE: 6 -0, Ensey absent CITY MANAGER REPORTS 8. Report regarding street maintenance options for the Council Transit and Transportation Committee (including supplemental information from Council Member Edler) Director of Public Works Chris Waarvick and Streets and Traffic Operations Manager Joe Rosenlund gave a presentation on street preservation, restoration and repairs and reviewed funding options. Council Member Edler also presented his options within existing revenue and those with new revenue sources. ACTION: Motion carried to set a date for a Council Study Session to discuss the process of establishing a TBD (spell out), Vehicle license fee, in lieu of tax and street bond. VOTE: 6 -0, Ensey absent *9. Consideration of a Resolution accepting the proposed 2012 YAKCORPS budget and authorizing the City of Yakima's portion ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -116 *10. Consideration of a Resolution authorizing execution of an Interlocal Agreement (ILA) with Yakima County regarding the development of improvements knows as the East - West Corridor /Cascade Mill District Redevelopment project ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -117 *11. 2011 Second Quarter Capital Improvement Projects report ACTION: Report accepted. *12. Consideration of Resolutions authorizing agreement modifications with Yakima County through the Office of Aging and Long Term Care (ALTC) for: A. 2011 City of Yakima Day Break Adult Care and Respite Services Program at the Harman Center ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -118 B. 2011 Geriatric Preventative Foot Care Services Program ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -119 *13. Consideration of a Resolution authorizing execution of an agreement with Pharmer Engineering for design and construction services at the Wastewater Treatment Facility for boiler replacement and biogas system improvements ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -120 3 *14. Final Contract Payment for Tri- Valley Construction for 2010 Mass Transit Facility improvements (Standard Motion V -B — accept the project and approve the final payment) ACTION: Standard Motion V -B approved. *15. Set date of public meeting for August 16, 2011 to consider final plat approval for Apple Blossom Phase VII subdivision ACTION: August 16, 2011 set as the date of a public meeting. ORDINANCES 16. Consideration of an Ordinance creating the Yakima Revenue Development Area Capital Fund Interim City Manager Morales reported this is a housekeeping measure that establishes a mechanism to use funds when they are available. In response to Council Member Lover's question regarding the amount, Mr. Morales reported it is $627,000 for a 12- month period, but is only eligible to use within this Deputy Director of Accounting and Budgeting Epperson informed Council there are match requirements the City would need to meet. ACTION: Motion carried to pass the Ordinance. VOTE: 6 -0, Ensey absent. ORDINANCE NO. 2011 -31 *17. Consideration of an Ordinance authorizing issuance of water and wastewater revenue bonds in the principal sum not to exceed $6,000,000 to finance certain capital improvements to the City's water and wastewater systems ACTION: Ordinance was passed. ORDINANCE NO. 2011 -32 18. Consideration of an ordinance enacting Yakima Municipal Code 6.08.210 added as a new section and adopting by reference RCW 69.51A.060(1) as currently enacted to address the use or display of medical marijuana in a manner or place open to public view Legal Department intern Holman explained the ordinance amends the code by adding a new section adopting the RCW that takes effect July 22, 2011. He stated this ordinance will aid police officers in their duties and conforms to state statutes. ACTION: Motion carried to pass the Ordinance. VOTE: 6 -0, Ensey absent. ORDINANCE NO. 2011 -33 19. Other Business *A. Consideration of a Resolution authorizing the City Manager to sign and submit an application for a Public Works Trust Fund Loan for design and construction of the extension of the City's Industrial Waste Conveyance System ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -121 *B. Renaming Transit/Transportation Committee to Utilities and Transportation Committee ACTION: The Transit/Transportation Committee was renamed to the Utilities and Transportation Committee C. Gang Free Initiative (GFI) Committee resignation Mayor Cawley advised that Council Member Ettl has resigned from the GFI and we need to find a replacement. In the meantime, he will continue to serve on the 4 County's gang commission and fill in temporarily on the GFI committee. Council Member Adkison reported they are nearly finished the GFI program as outlined. The next step is to hire someone to guide this effort. She believes we will be in a good position to look for grant opportunities since other cities are just beginning the process. *D. Rescheduling the City Council's August 2, 2011 Business Meeting to 2:00 p.m. due to National Night Out activities ACTION: The August 2, 2011 business meeting was rescheduled to 2:00 p.m. E. Update on City Manager selection process ACTION: Motion carried to schedule a special meeting on Monday, August 25, 2011 at 4:00 p.m. for an executive session and 5:00 p.m. for a public meeting regarding the City Manager selection process. VOTE: 6 -0, Ensey absent. City Attorney Cutter indicated, as a result of the state law passed by the legislature and parts of it vetoed by the governor, there are some significant changes in the statutes regarding medical marijuana dispensaries. He requested Council to consider an emergency ordinance initiating a six -month moratorium on establishing dispensaries and filing development applications. This would allow the time necessary to study the new laws. If passed, the moratorium would take immediate effect and continue for six months. In addition, a public hearing would be set for August 16, 2011. Mayor Cawley read an emergency declaration supporting immediate enactment of legislation adopting a six -month moratorium. ACTION: Motion carried to pass the ordinance and schedule a public hearing for August 16, 2011. VOTE: 6 -0, Ensey absent. ORDINANCE NO. 2011- 34 Assistant Mayor Coffey questioned if it was worthwhile to continue the media meetings that are held prior to the Council business meetings to review the agenda. ACTION: By Council consensus, Community Relations Manager Beehler is directed to poll the media groups on whether or not to continue the media meetings and report back at the next Council business meeting. 20. Adjournment — 8:07 p.m. ACTION: Motion carried to adjourn to a Special Meeting on July 25, 2011 at 4:00 p.m. for an executive session and 5:00 p.m. for a public meeting regarding the city manager recruitment process. 5