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Home My WebLink About09/04/2012 Business Meeting/Executive Session 275 YAKIMA CITY COUNCIL September 4, 2012 Council Chambers -- City Hall 5:30 - 6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES Back Print t 5._ „z;- d;�;�',•. `;`a<i�;°'Y. �m.a,....zi,�» {£ - •.. <c:�. - ,.a .. ...�� .,,e.<,,,< m %5::;.<. < u_ >..<.. ,z.., u .•�.'•:�:r • EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Absent: Council Member Sara Bristol (excused) 2. Executive Session regarding prospective litigation and real estate or land and property considerations. Executive Session was held and adjourned at 6 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Sara Bristol (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. United Way Proclamation Mayor Cawley read the proclamation. Mike Broadhead with United Way accepted the proclamation, discussed Day of Caring and thanked the City for their participation. B. Status reports on prior meeting's citizen service requests i. Wastewater Division response to David Lawrence of Holtzinger Fruit Mayor Cawley accepted the response and noted Mr. Lawrence was not in attendance at the Page 1 of 5 276 meeting. He requested City Manager O'Rourke touch base with Mr. Lawrence. • C. 'Appointments to Boards, Commissions and Council Committees • i. Recommendation from Council Nominating Committee to appoint the following: Dennis Klingele -- Airport Board and Morgan Pualani -- Parks and Recreation Commission Youth Position Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 4. 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. The following items were removed from the consent agenda. *Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation. *Resolution authorizing Sole Source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags for the Fall Leaf Program. 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: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . A. Consideration of approval of City Council Meeting Minutes i. City Council minutes from the July 24 and 31, 2012 Adjourned City Council Study Sessions. The minutes of the July 24 and 31, 2012 Adjourned City Council Study Sessions were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . B. Final Contract Payment for Columbia Asphalt & Gravel, Inc. - Fire Station 95 - Pavement Repair (Standard Motion V -B- Accept the project and approve the final payment) The report from the City Engineer, dated August 14, 2012, with respect to the completion of the work on the Fire Station 95 Pavement Repair, performed by Columbia Asphalt and Gravel, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. Set October 2, 2012 as the date for the 2012 Comprehensive Plan Amendment Hearings October 2, 2012 was set as the date for the 2012 Comprehensive Plan Amendment Hearings. D. Set October 2, 2012, for a Closed Record Public Hearing for Text Amendments to YMC Title 15 October 2, 2012 was set as the date of a closed record public hearing for Text Amendments to YMC Title 15. Page 2 of 5 c 277 E. Resolution authorizing a Revocable License Agreement with Nob Hill Water Association (Licensee) providing for installation, attachment and maintenance of automated water meter reader equipment to City light poles, and /or utilizing City right -of -way for equipment installation and maintenance. RESOLUTION NO. R- 2012 -108, A RESOLUTION authorizing the City Manager to execute a Revocable License Agreement between Nob Hill Water Association (Licensee) and the City of Yakima, governing Licensee's installation, attachment and maintenance of water meter reader transmitters and /or repeaters to City light poles, and /or Licensee's placement of poles within the City right -of -way, all as support infrastructure for Licensee's automatic water meter reader system. F. Resolution authorizing a Ten Month School Resource Officer Agreement with the Yakima School District for four (4) School Resource Officers. RESOLUTION NO. R- 2012 -109, 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 2012 -2013 school year. G. Resolution approving Amendment of Soccer Complex Lease Agreement between the City of Yakima and the Harriet I. Perry Trust (J.M. Perry) RESOLUTION NO. R -2012 -110, A RESOLUTION approving amendment to J.M. Perry Soccer Complex Lease Agreement and authorizing the City manager to execute on behalf of the City of Yakima. 5. Audience Participation Bruce Grow, Ellensburg, with the Church of Jesus Christ of Latter Day Saints shared the Day of Caring activities their Church has planned in the City of Yakima and thanked the City and community for participating. Candie Turner, 7800 W. Mead Avenue, Yakima, noted she believes the City is headed in the right direction with our new City Manager and Police Chief. She complained about Code violations at 1106 S. 80th Avenue and requested the City have a DOC crew clean it up. Doug Lemon, 206 N. 6th Avenue, Yakima, complained about City employees and the water at his daughters house. He indicated she hasn't had a water bill in years, and her 10 year old hot water tank recently had to be replaced and suggested the City pay for it. He also complained about sewer charges, and noted he hooked up nine duplexes to City sewer when he had a permit to hook up one duplex. Bill Duerr, 3206 W. Yakima Avenue, Yakima, requested an updated report from the Fire Department on brown -outs and expressed his concern for City liability with people climbing into the new artwork in front of the Larson Building. PUBLIC HEARINGS 6. Public Meeting to consider citizen comments on the proposed 2013 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs Archie Matthews, ONDS Manager, briefed Council on the hearing. Mayor Cawley opened the public hearing and with no one coming forward to speak, closed the hearing. Mr. Matthews stated they will proceed with the 30 day written comment period, and this will be on the October 2, 2012 agenda for another public hearing and action by Council. 7. Public Hearing and Resolution adopting proposed Findings of Fact supporting enactment of moratorium regarding adult entertainment and adult entertainment businesses. Assistant City Attorney Mark Kunkler briefed Council on the hearing. Mayor Cawley opened the Page 3 of 5 278 public hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -113, A RESOLUTION adopting Findings of Fact supporting a six - month moratorium, enacted July 17, 2012 pursuant to emergency Ordinance No. 2012 -26, prohibiting the filing, receipt, processing and approval of land use applications for establishment and operation of adult entertainment and adult entertainment businesses; exempting businesses for which a complete application was pending on the effective date of the moratorium or which were legally in existence at such time; directing development of comprehensive zoning and business regulations for such uses; providing that the moratorium shall be in existence through January 15, 2013; and declaring an emergency providing for immediate effective date. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . CITY MANAGER'S REPORTS 8. Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation Council Member Lover stated his concerns with the contract not going through a bidding process and awarded to an out -of -state company. Parks and Recreation Manager Ken Wilkinson briefed Council on the contract and stated the $5,000 cost will be funded from a user fee; therefore, there is no cost to the City. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -111, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Sportsites Inc., to provide Web Hosted Program Registration Services for City of Yakima Parks and Recreation programs and activities. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Adopted 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 9. Resolution authorizing Sole Source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags for the Fall Leaf Program Refuse Manager Nancy Fortier briefed Council on the item and distributed brochures, which will be included in utility bills on the Fall Leaf program. Council Member Ettl questioned if there were local companies who could provide the same product. Ms. Fortier noted this company is the only one who uses fully bio degradable bags and are the only bags accepted by Yakima County Solid Waste. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -112, A RESOLUTION authorizing the purchase of biodegradable leaf bags from BioBagUSA to be used for the Fall Leaf Program, as a Sole Source purchase without calling for bids. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 10. Resolution authorizing the execution of a Promissory Note Modification Agreement to extend the final payment by United Builders of Washington, Inc. for repayment of a CDBG loan, said loan being secured by The Seasons Music Hall property together with the personal guarantees of J. Page 4 of 5 • 279 Patrick Strosahl and Stephen R. Strosahl. City Attorney Jeff Cutter briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -114, A RESOLUTION authorizing the execution of a Promissory Note Modification Agreement to extend the final payment date of indebtedness owed to the City by United Builders of Washington, Inc. resulting from a loan of certain CDBG funds the City previously provided to United Builders of Washington, Inc., said loan being secured by certain real property owned by United Builders of Washington, Inc. commonly known as The Seasons Music Hall and by the personal guarantees of J. Patrick Strosahl and by Stephen R. Strosahl. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 11. Resolution authorizing the execution of a Work Out Agreement to resolve and retire indebtedness to the City resulting from certain HUD Section 108 Loans provided to TrailWagons, Inc., said loans secured by certain real property owned by Chinook Business Park, LLC and by the personal guarantee of Gary and Mary Lukehart. City Attorney Jeff Cutter briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -115, A RESOLUTION authorizing the execution of a Work Out Agreement to resolve and retire indebtedness to the City resulting from certain HUD Section 108 Loans the City previously provided to TrailWagons, Inc., said loans being secured by certain real property owned by Chinook Business Park, LLC and by the personal guarantee of Gary and Mary Lukehart. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 12. Other Business Mayor Cawley questioned if there was any follow -up to the Council Retreat. City Manager O'Rourke noted he will have information for Council in approximately 2 weeks relating to the Strategic Priorities. 13. Adjournment The meeting adjourned at 7:15 p.m. to a Council Study Session on September 11, 2012 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . CERTIFICATION ` READ AND CERTIFIED ACCURATE BY 0 ai Or — 13 COUNCIL MEMBER DATE \ \\ \� COUNCIL MEMB:: D TE • EST: * N o , / , CITY CLERK 'I * (" i Mi. OR f i11 l/ b * 1 1 Page 5 of 5