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HomeMy WebLinkAbout03/11/2014 Business Meeting 39 tat {e YAKIMA CITY COUNCIL March 11 2014 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES • 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 City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for t Good of the Order A. Presentations /recognitions /introductions i. Presentation of Yakima Valley Tourism 2013 Annual Report by John Cooper, President and CEO. John Cooper, President and CEO of Yakima Valley Tourism, reported on their 2013 Annual report and provided an updated visitors guide to the City Council. ii. Recognition of retiring Yakima Transit employee Dick Hernandez for 26 years of service to the City of Yakima. Transit Manager Mehin recognized Dick Hernandez for his 26 years of service to the City of Yakima. Mr. Hernandez thanked Council for the recognition and stated it has been a pleasure to work for the City. B. Appointments to Bo Commissions and Council Committees i. Council Partnership Committee recommendation to appoint Patricia Byers to the City of Yakima Planning Commission and Noah Kessler to the Parks and Recreation Board Youth Position. Adkison moved and Ettl seconded to appoint Patricia Byers to .the City of Yakima Planning Commission and Noah Kessler to the Parks and Recreation Youth position. The motion carried by a unani roll call vote. 4. Council Reports A. Council Partnerships Committee meeting minutes from February 10 and 18, 2014 Adkison moved and Dittmar seconded to approve the reports. The motion carried by a unanimous roll call vote 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there Page 1 of 4 40 were any additions or deletions from Council members or citizens present. The following items were added to the consent agenda: #8 Resolution authorizing Right -of -Way Use Permit for Graham Snyder, owner of Cowiche Canyon Restaurant. • #9 Resolution authorizing an Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide a Wastewater, Industrial Wastewater and Stormwater Rate Study. #10 Ordinance amending the Yakima Municipal Code YMC 5.98 Temporary Use Permits to allow for seasonal uses. 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.) Ensey moved and Coffey seconded to approve the consent agenda. The motion carried by a unanimous roll call vote. A. Resolution authorizing agreement with Schedule Masters, Inc. to provide Run - Cutting Software to Yakima Transit. RESOLUTION NO. 2014 -036, A RESOLUTION authorizing agreement with Schedule Masters, Inc. to provide Run - Cutting Software to Yakima Transit per RFP 11337 -P B. Resolution authorizing execution of a Capital Equipment Grant Agreement with the Washington State Department of Transportation (WSDOT) to allow Yakima Transit to purchase seven Dial A Ride vehicles. RESOLUTION NO. 2014 -037, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a capital equipment grant agreement with the Washington State Department of Transportation to allow Yakima Transit to purchase seven Dial A Ride vehicles. C. Resolution authorizing execution of a Grant Agreement with the Washington State Department of Transportation ( WSDOT) to allow Yakima Transit to receive Formula Funds for Yakima Transit's Dial A Ride Program. RESOLUTION NO. 2014 -038, A RESOLUTION authorizing the City Manager to enter into an agreement to accept grant funding for paratransit services. D. Resolution authorizing Right -of -Way Use Permit for Graham Snyder, owner of Cowiche Canyon Restaurant, RESOLUTION NO. 2014 -039, A RESOLUTION authorizing issuance of right -of -way use permit for five -foot by thirty -foot awning ten feet above sidewalk at site commonly known as 202 East Yakima Avenue. E. Resolution authorizing an Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide a Wastewater, Industrial Wastewater and Stormwater Rate Study. RESOLUTION NO. 2014 -040, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide Rate Studies for the Wastewater, Industrial Wastewater and Stormwater Utilities. F. Ordinance amending the Yakima Municipal Code YMC 5.98 Temporary Use Permits to allow for seasonal uses. ORDINANCE NO. 2014 -004, AN ORDINANCE relating to temporary use permits, amending text amendments to Section 5.98.010 of the Yakima Municipal Code regarding temporary use Page 2 of 4 41 permits. 6. Audience Participation The following people spoke in support of the Yakima - Ellensburg commuter transit service: Aileen Kane, City reside t; Tom Hanson, non - resident, with the Washington State Department of Transportation (he distributed letters of support from the City of Ellensburg, Central Washington University and Hope Source Transit Authority/Yakima Ellensburg Commuter Service); Brittany, Holmes, non - resident; Jeanne Coady, non - resident; and Obie O'Brien, non - resident and former Mayor and Council Member of Ellensburg, and former Hope Source Board Member (also provided a letter). CITY MANAGER REPORTS 7. Consideration of eliminating Yakima Transit Services Due to Lack of State Funding: Item A. Elimination of Sunday Service for Fixed Transit Routes. Item B. Elimination of Yakima /Ellensburg Commuter Bus Service. City Manager O'Rourke requested this item be tabled to a later date as staff is investigating additional funding sources. The item was tabled by Council consensus. ORDINANCES 8. Ordinance relating to Public Safety; amending section 6.80.010 to add the definition of Electronic Cigarette and adding a new section 6.80.035 prohibiting the use of electronic cigarettes in any place where smoking is prohibited by law. City Manager O'Rourke noted this item was initially brought forward by former Council Member Bristol, and then referred to the Public Safety Committee. He noted this is not a ban, but places the same restrictions on e- cigarettes and vaping that are in place for other tobacco products. Patrice Foland, City resident, spoke against the ordinance and distributed information regarding the issue. Anthony Akins, City resident, spoke against the ordinance and requested Council conduct further research. Harold Kaempel, City resident, spoke against the ordinance and encouraged Council perform further research. Neal Coffey, non - resident, spoke against the ordinance and distributed additional information on the issue. Prosecuting Attorney Martinez emphasized this is not a ban, but an attempt to regulate e- cigarettes the same way the City regulates tobacco use. Assistant Mayor Coffey stated the FDA has not taken a position on this and doesn't believe it is necessary for the Council to take a stand on the issue. Council Member Lover believes this is an unenforceable regulation. Council Member Adkison noted they are not banning the use, just regulating it and believe there are two sides to every story. Council Member Ettl doesn't feel strongly either way, but he does feel badly for people that may be affected by the vapor. The City Clerk read the ordinance by title. • AN ORDINANCE relating to Public Safety; amending section 6.80.010 to add the definition of Electronic Cigarette and adding a new section 6.80.035 prohibiting the use of electronic cigarettes in any place where smoking is prohibited by law. Ensey moved and Coffey seconded to not pass the ordinance. The motion carried by a 4 -3 Page 3 of 4 42 roll call vote, with Dittmar, Adkison and Ettl voting no. The ordinance did not pass. 9. Other Business None. 10. Adjournment Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on March 18, 2014 at 6 p.m. in the Council Chambers. The motion carried by a unanimous voice vote. The meeting adjourned at 7:50 p.m. - CERTIFICATION . _ • READ AND CERTIFIED ACCURATE BY 1 y CO ICIL MEMBER DATE •� � 04- el) ` i COUNCIL MEMBER DATE ATTEST: I 0 � n CITY CLERK lib MAYOR O • # Z 1 4 \: 00, LI-1 1 4 7 ... � Page 4 of 4