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HomeMy WebLinkAbout08/02/2011 04A Draft Minutes 07-19-2011 Business MeetingYAKIMA CITY COUNCIL JULY 19, 2011 ' 0 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 was held and 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 Ettl 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 Honor Guard. Representatives from the Veterans of Foreign Wars Honor Guard presented the City Council with a POW /MIA flag. The flag was designed as a symbol of citizens concerned about the United States military personnel taken as Prisoners of War (POW's) or listed as Missing in Action (MIA). • Recognition of retiring Assistant Planner Alice Klein Acting Community and Development Director Joan Davenport commended and recognized Alice Klein for her 22 years of service to the City of Yakima. She received a service plaque and a retirement watch: C. Status reports on prior meeting's citizen service requests • Response to Lynne Kittelson regarding Downtown Transit Center - Director of Public Works Chris Waarvick stated they are working with their customers as best they can; however, the report may not satisfy the concerned customers. Additionally, most of the city's transit buses already have cameras on their buses. D. Appointments to Boards, Commissions and Council Committees -- None July 19, 2011 ® 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether. there were any additions or deletions from either Council members or citizens present. Items 17 and 19 A, B and D were added to the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. MOVED BY COFFEY AND SECONDED BY ADKISON TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote —Ensey absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the.Consent Agenda handled under one motion without further discussion.) *A. Consideration of approval of City Council Meeting Minutes • Business Meeting – May 17, 2011 The minutes of the May 17, 2011 Business meeting were approved, having been duly certified_ accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes • Transit/Transportation Planning Committee –June 16, 2011 The Council committee meeting minutes were approved. 5. Audience Participation Jerod Riley, 27 S. 4th Street, related his concerns 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 Ettl 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 staff's 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. 2 July 19, 2011 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 City._Manager Michael Morales explained the parameters with HUD in order to maximize eligibility to use section 108 funds. The City is submitting an application to maximize our borrowing capacity before HUD's 2011 budget cuts take effect, which will reduce our borrowing capacity by $1 million. Council Member Lover requested the Council Neighborhood Development Committee look at which contracts need to be cut or reduced to accommodate the budget. The discussion of CDBG cuts will be discussed at the next Neighborhood Development Committee meeting. Mayor Cawley opened the public hearing with no one coming forward to speak. CAWLEY MOVED AND EDLER SECONDED TO SET A FINAL PUBLIC MEETING FOR AUGUST 2, 2011. The motion carried by unanimous roll call vote; Ensey absent. 7. Cancel July 1% 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 By consensus, Council agreed to cancel the first public hearing for July 19 (now scheduled for August 16). - 0 MOVED BY CAWLEY SECONDED BY EDLER TO SET THE DATE OF THE FINAL PUBLIC HEARING FOR AUGUST 16, 2011. The motion carried by unanimous roll call vote; 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 reviewed the materials with Council. They have discussed traditional street bonds before with the last one approved in the late 1980's. There were two street bond issues in the mid -90's which did not pass. Some additional options are a Council voted in lieu of tax on utilities. There are other cities that have implemented the car tab fee. He estimates that fee would generate approximately $1 million annually. Streets and Traffic Operations Manager Joe Rosenlund reviewed a chart on pavement management concepts and the preventative maintenance approach. Mayor Cawley questioned the chip seal programs effectiveness. Mr.. Rosenlund described the chip seal process and benefits provided by the program. 0 3 July 19, 2011 Council Member Edler presented his options for street maintenance. He reminded the Council that they declared this was a priority 19 months ago and they have not done anything about it. He thinks City staff is recommending a voter approved street bond as they believe it is the only option that Council would approve. He thinks under the current revenue streams, the Priority of Government (POG) is an option. These options would include: allocating a percentage from all categories; drawing funding entirely from the Parks budget; and negotiating concessions with labor regarding benefits and compensation. He believes the street bond an the wrong question. The streets have deteriorated and need fixing yet there is no money to maintain them after they are fixed. He proposed a $20 vehicle licensing fee, which is councilmanic: Another option is an in lieu of tax on public utilities, as this is'also councilmanic. His last option is a combination of a vehicle license fee and in lieu of tax on public utilities. His suggestion is to hold a public hearing, making it apparent that the Council is considering a councilmanic in lieu of tax and a license tab fee. Other Council members suggested scheduling a study session for further discussion. Public Works Director Chris Waarvick reported the Transportation Benefit District (TBD) option begins the process but there are requirements under the RCW which require multiple steps. EDLER MOVED AND COFFEY SECONDED TO SETA DATE FOR A STUDY SESSION TO DISCUSS THE PROCESS OF ESTABLISHING A TBD OR VEHICLE LICENSE FEE ALONG WITH AN IN LIEU OF TAX. City Manager Morales asked if they wanted to amend the motion to include discussion of a property tax bond. MOVED BY EDLER SECONDED BY COFFEY TO AMEND THE MOTION TO ADD DISCUSSION OF A PROPERTY TAX BOND TO THE LIST OF ITEMS TO DISCUSS. The amending motion carried by unanimous roll call vote; Ensey absent. *9. Consideration of a Resolution accepting the proposed 2012 YAKCORPS budget and authorizing the City of Yakima's portion RESOLUTION NO. R- 2011 -116, A RESOLUTION approving the YAKCORPS 2012 Proposed Budget and authorizing the inclusion of the City of Yakima's prorated assessment of the Consortium's budget in the City's 2012 Adopted Budget. *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 RESOLUTION NO. R -2011 -117, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement (ILA) between the City of Yakima and Yakima County regarding the development of improvements known as the East — West Corridor /Cascade Mill District Redevelopment project. r,. *11. 2011 Second Quarter Capital Improvement Projects report The report was accepted. El July 19, 2011 *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 RESOLUTION NO. R- 2011 -118, A RESOLUTION authorizing the City Manager to execute Modification No. 1 and subsequer� amendments or modifications thereto, to the 2011 City of Yakima Adult Day Care & Respite Agreement with Yakima County, through the Office of Aging and Long Term Care (ALTC), for the Adult Day Care and Respite Services program at.the Harman Center B. 2011 Geriatric Preventative Foot Care Services Program RESOLUTION NO. R -2011 -119, A RESOLUTION authorizing the City Manager to execute Modification No. 1, and subsequent amendments or modifications thereto, to the 2011 Foot Care Performance Agreement with Yakima County, through the Office of Aging and Long Term Care, reflecting revised unit rates and costs and extending the contract period to December 31, 2011, for the delivery of Geriatric Preventative Foot Care Services Program at the Harman Center *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 RESOLUTION NO. R- 2011 -120, A RESOLUTION authorizing the City Manager to execute an Agreement with Pharmer Engineering and City of Yakima for Design and Construction Services at the Wastewater Treatment Facility for Boiler Replacement and Biogas System Improvements. *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) The report from the City Engineer, dated June 21, 2011, with respect to the completion of the work on the 2010 Mass Transit Facility Improvements, performed by Tri - Valley Construction was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *15. Set date of public meeting for August 16, 2011 to consider final plat approval for Apple Blossom Phase VII subdivision August 16, 2011 was set as the date of a public meeting to consider final plat approval for Apple Blossom Phase VII subdivision. ORDINANCES 16. Consideration of an Ordinance creating the Yakima Revenue Development Area Capital Fund 0 5 July 19, 2011 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 site. Deputy Director of Accounting and Budgeting Epperson informed Council there are match requirements the City would need to meet. MOVED BY EDLER SECONDED BY COFFEY TO PASS THE ORDINANCE. Motion carried by unanimous roll call vote', Ensey absent. T ORDINANCE NO. 2011 -31, AN ORDINANCE relating to funds and accounts; creating Yakima Revenue Development Area (YRDA) Fund; designating the sources of revenue and permissible expenditures from such fund; and enacting. Chapter 3.121 "Yakima Revenue Development Area (YRDA) Fund" as a new Chapter and Sections 3.121.010, 3.121.020 and 3.121.030 as new sections of the City of Yakima Municipal Code. *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 ORDINANCE NO. 2011 -32, AN ORDINANCE of . the City of Yakima, Washington, authorizing the issuance and sale of water and sewer revenue bonds of the City in the principal amount of not to exceed $6,000,000 in one or more series to finance certain capital improvements to the City's water and sewer system, to fund the Reserve Fund Requirement and to pay costs of issuance of such bonds; and delegating authority to a finance officer of the City, the Director of Finance and Technology, to approve the final terms of the bonds. 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. COFFEY MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. Council Member Lover is concerned that we are following Seattle's lead. Mr. Cutter responded this is different from what Seattle recently legislated; this is a change to criminal statutes and not business regulation. Motion carried by unanimous roll call vote; Ensey absent. ORDINANCE NO. 2011 -33, AN ORDINANCE relating to Public Safety and Morals; enacting The City of Yakima Municipal Code 6.08.210 added as a new section and adopting by reference RCW 69.51A.060(1) as currently enacted or as hereafter amended or re- codified from time to time; to address the use or display of medical marijuana in a manner or place which is open to the view of the general public. 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 July 19, 2011 RESOLUTION NO. R- 2011 -121, A RESOLUTION authorizing the .Interim City • Manager to make application for a Public Works Trust Fund Construction Loan (PWTF) in the amount of $2,000,000 at 0.5% interest for 20 years for the extension of the industrial. waste conveyance system to serve existing and future industrial customers between SR12 and Fruitvale Blvd. *B. Renaming Transit/Transportation Committee to Utilities and Transportation Committee C. Gang Free Initiative 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 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 Update on City Manager selection process Mayor Cawley announced there is nothing new to report and suggested scheduling a special meeting to review the qualifications of applicants for public employment. CAWLEY MOVED AND COFFEY SECOND TO HAVE A SPECIAL EXECUTIVE SESSION AT 4 PM. AND A SPECIAL COUNCIL MEETING AT 5 P.M. ON MONDAY, AUGUST 25, 2011. Motion carried by unanimous rofl call vote; Ensey absent. 0 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 stated this is a declaration of emergency supporting immediately enacted legislation declaring a moratorium. The City Council finds, determines and concludes that an emergency exists, described as follows: (a) E2SSB 5073 becomes effective July 22, 2011 (b) Neither City staff nor the Planning Commission have had sufficient opportunity to review the effects of such Act or to formulate, prepare and recommend appropriate zoning regulations, health and safety regulations, and business licensing regulations which would deal specifically with the production, processing, or dispensing -of cannabis or cannabis products, including but not limited to "collective gardens," within the City of Yakima; and (c) The immediate imposition of this moratorium will preserve the status quo to enable the City to further study the effects of such Act and to devise appropriate zoning and regulatory controls to address the effects of such legislation. 7 July 19, 2011 Clerk Kloster read the ordinance. MOVED BY CAWLEY SECONDED BY EDLER* TO PASS THE ORDINANCE AND SCHEDULE A PUBLIC HEARING FOR AUGUST 16. Ordinance carried by unanimous roll call vote; Ensey absent. 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. 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. ORDINANCE NO. 2011 -34, AN ORDINANCE of the City of Yakima, Washington; adopting a six -month moratorium on the establishment of medical marijuana or cannabis dispensaries, production facilities, processing facilities, and collective gardens, with attendant moratorium on the filing and acceptance of development applications for, and the location of, land uses operating or conducting medical marijuana or cannabis dispensary, production, processing, and collective farm activities; directing development of comprehensive zoning and business regulations pertaining to medical marijuana or cannabis dispensaries, production facilities, processing facilities, and collective gardens; providing that the moratorium shall be in effect for six months, through January 17, 2012; and declaring an emergency providing for immediate effective date. 20. Adjournment MOVED BY COFFEY SECONDED BY EDLER TO ADJOURN TO A SPECIAL EXECUTIVE SESSION AT 4 PM. AND A SPECIAL COUNCIL MEETING AT 5 P.M. ON MONDAY, AUGUST 25, 2011.. The motion carried by unanimous voice vote; Ensey absent. The meeting adjourned at 8:07 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE ATTEST: CITY CLERK COUNCIL MEMBER DATE MICAH CAWLEY, MAYOR Minutes prepared by Sonya Claar Tee: A CD and DVD of this meeting are available in the City Clerk's Office