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Home My WebLink About08/16/2011 Business Meeting 62_ YAKIMA CITY COUNCIL AUGUST 16,2011 COUNCIL CHAMBERS, YAKIMA CITY HALL • 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Kathy Coffey (Recused) 2. Executive Session • Prospective Litigation • To evaluate complaints brought against a public officer or employee Executive Session adjourned at 5:39 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, Rick Ensey, Dave Ettl and Bill Lover Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations- None B. Presentations /recognitions /introductions- None C. Status reports on prior meeting's citizen service requests- None D. Appointments to Boards, Commissions and Council Committees- None 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. MOVED BY COFFEY AND SECONDED BY ENSEYTO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (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 — None 63 AUGUST 16, 2011 *B. Consideration of approval of Council Committee Meeting Minutes • Transportation /Utilities Committee — July 21, 2011 • Neighborhood Development Committee — August 10, 2011 The Council Committee meeting minutes were approved. 5. Audience Participation Bill Duerr again expressed his concerns about the continuation of shootings in Yakima and emphasized the need for more police emphasis patrols. Jim Evans complained about the poor quality of street paving done by City crews. He asked how much per square foot it costs to have the City pave the streets. Asya Carter spoke about the need for mandatory recycling in Yakima. Ignacio Marquez invited the Council to participate in an open house at Work Source Yakima (sponsored by Washington State Employment Security) on August 21 from 9 -11 a.m. Stan Bird spoke about the aggressive and threatening behavior of panhandlers on 40 Avenue and River Road and asked Council to address the problems. 7:00 P.M. — PUBLIC HEARINGS 6. Public meeting and consideration of a Resolution to approve the final plat of Apple Blossom Phase VII submitted by United Builders of Yakima Supervising Planner Bruce Benson briefed Council on this final plat. Mayor Cawley opened and closed the public meeting as no,one came forward to speak. The City Clerk read the resolution by title; EDLER MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a unanimous roll call vote. 0 RESOLUTION NO. R- 2011 -127, A RESOLUTION approving the final plat of Apple Blossom Phase VII, a three -lot subdivision located in the vicinity of 2140 S. 64 Avenue, and authorizing the Mayor to sign the final plat of Apple Blossom Phase VII, United Builders of Yakima as applicant herein. 7. Final public hearing and consideration of a Resolution to amend the City of ' Yakima 2011 Annual Action Plan regarding the reduction of CDBG and HOME program funding Office of Neighborhood Development Manager Archie Mathews explained the necessity to amend the 2011 Annual Action Plan due to pending federal budget reductions in the Community Development Block Grant and HOME entitlement amounts. Mayor Cawley opened and closed the public meeting as no one came forward to speak. 2 64 • AUGUST 16, 2011 The City Clerk read the resolution by title; ENSEY MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a unanimous roll call vote. RESOLUTION NO. R- 2011 -128, A RESOLUTION to amend the City of Yakima 2011 Annual Action plan regarding the reduction of CDBG and HOME program funding 8. Public Hearing and consideration of a Resolution adopting Findings of Fact regarding continuation of Moratorium for medical marijuana Senior Assistant City Attorney Mark Kunkler explained that state statute requires a public hearing to receive testimony on whether or not the moratorium should continue to be in effect or be modified in any way. Mayor Cawley opened the Public Hearing. Patricia Rogers; Amber Gingerich; Alex Newhouse and Asya Carter spoke in favor of allowing medical marijuana. Brian Grimmer encouraged council to pass the same ordinance as Ellensburg has passed. Interim Police Chief Greg Copeland supported continuing the six -month moratorium until provisions of state and federal law can be clarified. The City Clerk read the resolution by title; CAWLEY MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. Motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -129, A RESOLUTION adopting Findings of Fact supporting a six -month moratorium, enacted July 19, 2011 pursuant to emergency Ordinance No. 2011 -34, prohibiting the establishment of medical marijuana or cannabis dispensaries, production facilities, processing facilities, and collective gardens of and for medical marijuana; and authorizing the City Manager to study and develop appropriate comprehensive land use, licensing or registration regulations addressing such issues for consideration by the City Council. CITY MANAGER REPORTS *9. 2010 Annual Report of the City of Yakima Fire Department The report was accepted. *10. Second quarter reports from Finance Department: A. Treasury report B. Accounts Receivable report C. 2011 Revenue and Expenditure report The reports were accepted. *11. Consideration of a Resolution authorizing execution of an amendment (Addendum One) to initial agreement with Troy Lee and Associates for public defender representation of indigent defendants 3 65 AUGUST,16, 2011 RESOLUTION NO. R- 2011 -130, A RESOLUTION authorizing execution of a contract amendment (Addendum One) to initial agreement with Troy Lee & Associates for public defender representation of indigent defendants. *12. Consideration of a Resolution authorizing execution of an agreement with Brown • and Caldwell Inc. for engineering services related to new Biosolids Screening Requirements and the Wastewater Treatment Plant Headworks RESOLUTION NO. R- 2011 -131, A RESOLUTION authorizing the City Manager to execute an Agreement with Brown and Caldwell Inc. and City of Yakima for Professional Engineering Services in an amount not to exceed $100,000 for evaluation and design improvements related to new Biosolids Screening Requirements and the Wastewater Treatment Plant Headworks. *13. Consideration of a Resolution declaring building located at 1005 E Lincoln Avenue surplus and authorizing disposal of said surplus building owned by the City of Yakima. RESOLUTION NO. R- 2011 -132, A RESOLUTION declaring building located at 1005 E Lincoln Avenue, Yakima, WA Surplus and Authorizing Disposal of Said Surplus Building Owned by the City Of Yakima. *14. Consideration of Final Contract Payment for: A. Talisman Construction Services, Inc. for City Hall 3rd and 4 floors renovation The report from the City Engineer, dated June 30, 2011, with respect to the completion of the work on the Yakima City Hall 3rd and 4th floor renovation, performed by Talisman Construction Services, Inc. was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. NW Architectural Products, Inc. for Yakima Convention Center operable wall covering replacements The report from the City Engineer, with respect to the completion of the work on the Convention Center wall panel repair, performed by NW Architectural Products, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. M.G. Wagner Co., Inc for 2010 Convention Center roof repair project The report from the City Engineer, with respect to the completion of the work on the Yakima Convention Center roof repairs, performed by M.G. Wagner Co., Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *15. Set date of Open Record Public Hearing for September 6, 2011 to consider the recommendation of the Hearing Examiner to approve the vacation of a portion of Poplar Street between North First and Third Avenues 4 66 AUGUST 16, 2011 September 6, 2011 was set as the date of closed record public hearing to consider the recommendation of the Hearing Examiner to approve the vacation of a portion of Poplar Street located in the vicinity of North First and Third Avenues. ORDINANCES 16. Consideration of legislation regarding the City Manager A. Resolution authorizing the Mayor to execute an Employment Agreement for • City Manager with Donald B. Cooper The City Clerk read the resolution by title; ENSEY MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 vote; Coffey voting no. • RESOLUTION NO. R- 2011 -133, A RESOLUTION authorizing the Mayor of the City of Yakima to execute an Employment Agreement for City Manager with Donald B. Cooper B. Ordinance amending the Compensation Plan for Pay Code 960 /City Manager and specifically amending subsection 2.20.100A, 2.20.110A and 2.20.110B of the City of Yakima Municipal Code Senior Assistant City Attorney Helen Harvey advised there are two salary range options for Council consideration: Option 1 - $155,000 starting at Step B; Option 2 - $155,000 starting at Step C. Mayor Cawley stated he has received many calls and emails regarding the City Manager's pay. He clarified the reasons for the increase is because the City Manager is in charge of 700+ employees, a multi - million dollar budget and the salary level has not been raised in a number of years. The City Clerk read the ordinance by title; MOVED BY EDLER SECONDED BY LOVER TO PASS THE ORDINANCE REFLECTING OPTION 1. Motion carries 4- 3; Cawley, Coffey and Adkison voting no. ORDINANCE NO. 2011 -35, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 18, 2011; amending Subsections 2.20.100A, 2.20.110A and 2.20.110B all of the City of Yakima Municipal Code. 17. Other Business • City Attorney Jeff Cutter advised the City has received a request from Doug Buchanan, on behalf of LL Buchanan Trust, for a settlement from the City regarding stormwater that enters into Buchanan Lake as a water of the state. Mr. Buchanan claims the water is waste and is requesting a settlement demand of $60,000 per year for the family to manage the alleged waste. A response is due by August 21, 2011. City Attorney Cutter asked for direction from Council regarding this issue. Assistant Mayor Coffey recused herself from the issue. CAWLEY MOVED ENSEY SECONDED TO ACCEPT COFFEY'S REQUEST FOR RECUSAL. The motion carried by unanimous voice vote 6 -0; Coffey recused. 5 67 AUGUST 16, 2011 ENSEY MOVED AND ADKISON SECONDED NOT TO OFFER ANY SETTLEMENT AND DIRECT STAFF TO WORK OUT ISSUES WITH THE DEPARTMENT OF ECOLOGY. Motion carried by 6 -0 vote; Coffey recused. Mayor Cawley indicated that the Council Legislative Committee (Adkison, Coffey and Edler) would soon be meeting to craft the City's 2012 state and federal priorities. Council Member Edler stated he would resign from this committee since he will not be in office in 2012. Mayor Cawley volunteered to take his place and Council agreed by consensus to appoint Mayor Cawley to replace Council • Member Edler. 18. Adjournment ENSEY MOVED AND ADKISON SECONDED TO ADJOURN TO THE SEPTEMBER 6, 2011 BUSINESS MEETING. Motion carried by unanimous voice vote. The meeting adjourned at 7:42 p.m. READ AND CERTIFIED ACCURATE BY %/ /0—//-// COUNCIL M MBER DATE ,' i , -1 � ///ig COUNCIL MEMBER DATE ATTEST: % 4 4 , '‘ I /; 4. �. • CITY CLE` . "��yqs 1NG� MICAH CAWLE , MAYOR Minutes prepared by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office 6