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HomeMy WebLinkAbout08/16/2011 00 Action Minutes ACTION ON YAKIMA CITY COUNCIL AUGUST 16, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll CaII Present: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave EttI and Bill Lover Absent: Assistant Mayor Kathy Coffey 2. Executive Session (allow 1 hour) • 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 EttI 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 ACTION: Motion carried to adopt the consent agenda as read. VOTE: Unanimous *A. Consideration of approval of City Council Meeting Minutes — None *B. Consideration of approval of Council Committee Meeting Minutes • Transportation /Utilities Committee — July 21, 2011 • Neighborhood Development Committee — August 10, 2011 ACTION: 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 they are causing. 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. ACTION: Motion carried to adopt the Resolution. VOTE: Unanimous. RESOLUTION NO. R- 2011 -127 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. ACTION: Motion carried to adopt the Resolution. VOTE: Unanimous RESOLUTION NO R- 2011 -128 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 statutes require 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. The following individuals spoke: Patricia Rogers; Amber Gingerich; Brian Grimmer; Alex Newhouse and Asya Carter. Interim Police Chief Greg Copeland supported continuing the six -month moratorium until provisions of state and federal law can be clarified. ACTION: Motion carried to adopt the Resolution. VOTE: Unanimous RESOLUTION NO. R- 2011 -129 CITY MANAGER REPORTS *9. 2010 Annual Report of the City of Yakima Fire Department ACTION: Report was accepted. *10. Second quarter reports from Finance Department: A. Treasury report 2 B. Accounts Receivable report C. 2011 Revenue and Expenditure report ACTION: 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 ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -130 *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 ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -131 *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. ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -132 *14. Consideration of Final Contract Payment for: A. Talisman Construction Services, Inc. for City Hall 3` and 4 floors renovation B. NW Architectural Products, Inc. for Yakima Convention Center operable wall covering replacements C. M.G. Wagner Co., Inc for 2010 Convention Center roof repair project ACTION: Reports were approved, the work accepted and payments of the final estimates were 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 ACTION: Date of open record public hearing was set for September 6, 2011. 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 ACTION: Motion carried to adopt the Resolution. VOTE: 6 -1, Coffey voting no RESOLUTION NO. R- 2011 -133 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. ACTION: Motion carried to pass the Ordinance reflecting Option 1. VOTE: 4 -3, Cawley, Coffey and Adkison voting no. ORDINANCE NO. 2011 -35 3 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 directionfrom Council regarding this issue. ACTION: Motion carried to accept Assistant Mayor Coffey's recusal from the voting process. VOTE: Unanimous ACTION: Motion carried to not offer any settlement and direct staff to work out issues with the Department of Ecology. VOTE: 6 -0, Coffey recusing herself. 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 — 7:42 p.m. ACTION: Motion carried to adjourn to the September 6, 2011 business meeting. VOTE: Unanimous 4