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01/17/2012 00 Action Minutes ACTION ON YAKIMA CITY COUNCIL MEETING January 17, 2012 Council Chambers -- City Hall 5:00 PM -- EXECUTIVE SESSION 1. Roll Call _ Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover 2. Pending Litigation, Collective Bargaining and to Discuss the Qualifications of a Public Employee 6:00 PM -- BUSINESS MEETING 1. Roll Call Present: • Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, 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 Discussions for the Good of the Order A. Proclamations -- None B. Presentations /recognitions /introductions i. Recognize retiring City employee Debbie Romias Cindy Epperson, Acting Director of Finance and Budget, recognized Financial Services Specialist Debbie Romias for her 38 years of service to the City. Interim City Manager Morales presented her with a service award and a City watch. C. Status reports on prior meeting's citizen service requests Interim City Manager Morales reviewed a report to the Council regarding Mark Peterson's complaint at the January 10 Council meeting. The report recapped the time lines and determinations from the police and communications departments. Mr. Morales will provide Mr. Peterson with the information. D. Appointments to Boards, Commissions and Council Committees — None 4. Consent Agenda Item D was removed from the Consent Agenda. ACTION: Motion carried to adopt the consent agenda as read. VOTE: Unanimous 1 A. Consideration of approval of City Council Meeting Minutes i. Business Meeting -- December 6, 2011 ii. Business Meeting -- December 13, 2011 iii. Adjourned /Special Meeting -- December 29, 2011 B. Consideration of approval of Council Committee Meeting Minutes -- None C. Ordinance granting a non - exclusive franchise to N.W. Open Access Network ( "NoaNet "), a non - profit mutual corporation, which authorizes NoaNet to occupy City of Yakima rights -of -way in order to construct, operate, and maintain a telecommunications ACTION: Ordinance was passed. ORDINANCE NO. 2012 -02 E. Resolution authorizing an agreement with Huibregtse, Louman Associates, Inc. related to the Water Treatment Plant Backwash Storage Project ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -12 F. Set date of February 7, 2012 for the Closed Record Public Hearing on the Preliminary Plat of Englewood Ridge, Two Bluff's, LLC developers. ACTION: February 7, 2012 was set as the date for a closed record public hearing. G. Set February 7, 2012, as the date for a Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a project specific rezone requested by Richard Ehlers. ACTION: February 7, 2012 was set as the date for a closed record public hearing. H. Resolution authorizing the acceptance of a land donation for park purposes and conveyance by deed of property located at 13th Street and East Chestnut Avenue from Sun Yakima, LLC ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -13 5. Audience Participation Doug Lemon complained about the increase in his water bills and City employees. Glenda Phillips questioned why the City does its banking with Bank of America, especially since they are being investigated and are involved in several lawsuits. She believes the City should use local banks to keep the money in the community. Interim City Manager Morales will provide a report at a future meeting regarding the City's banking services. Jake Holland also supported using local banking institutions. (ITEM REMOVED FROM CONSENT AGENDA) 4D. Resolution relating to administration, amending the original Employment Agreement designating Michael Morales as the Interim City Manager effective January 1, 2012, revising the compensation amount and the term state in said Employment Agreement shall be retroactive to January 1, 2012 ACTION: Motion carried to amend the contract to reflect the agreement term to be indefinite until terminated as provided in the contract. VOTE: Unanimous RESOLUTION NO. R- 2012 -14 2 7:00 PM -- PUBLIC HEARINGS 6. Closed Record Public Hearing to consider an Ordinance regarding Medical Marijuana Facilities and Collective Gardens Senior Assistant City Attorney Kunkler explained the purpose of the Ordinance is to amend Title 15 of the Yakima Municipal Code to add a new section providing that no use that is illegal under local, state or federal law shall be allowed in any zone of the city and applies to medical marijuana dispensaries and collective gardens. Mayor Cawley opened the public hearing. Trish Rogers and Tony Wells spoke in favor of approving zoning for dispensaries and collective gardens in the city limits. Ian Forward spoke against zoning for these uses until it is legal under local, state or federal law. Mayor Cawley closed the public hearing. ACTION: Motion carried to pass the Ordinance. VOTE: 6 -1, Coffey voting no. ORDINANCE NO. 2012 -03. ORDINANCES 7. Legislation regarding Collective Bargaining and amendments to the Classification and Compensation Plan Interim City Manager briefed the Council on the provisions of the AFSCME Transit Collective Bargaining Agreement A. Resolution authorizing and directing the City Manager to execute a wage and benefit package for 2011 -2012 with the American Federation of State, County and Transit Employees (AFSCME) Local 1122 representing the Municipal Employees bargaining unit. ACTION: Resolution was adopted. VOTE: Unanimous. RESOLUTION NO. R- 2012 -15 B. Ordinance relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 19, 2012; amending Subsections 2.20.100A, 2.20.100E, 2.20.110A, 2.20.110D, all of the City of Yakima Municipal Code. ACTION: Ordinance was passed. VOTE: Unanimous. ORDINANCE NO. 2012 -04 8. Other Business A. Discuss National League of Cities Conference in Washington, DC, March 10 -14, 2012 Council Members discussed the benefits of attending the conference and meeting with federal agencies. There was consensus that two Council members would attend along with staff and possibly other private and governmental representatives. Staff will finalize the itinerary for the next meeting. B. Update on Council Retreat planning Interim City Manager Morales referred to the sample of Tacoma's recent retreat information he distributed to Council for review. Discussion ensued on agenda topics for the February 1 retreat. 3 Interim City Manager Morales mentioned the draft City of Yakima 2012 State Legislative Priorities did not reflect many changes from the 2011 legislative priorities. In response to Council Member Coffey's question whether Representative Johnson's bill regarding youth agricultural employment was included on the list, Mr. Morales said it wasn't included since it was not specifically a city issue. Per Council Member Coffey's request, there was Council consensus to ask the Council Legislative committee to review that bill. ACTION: Motion carried to forward the 2011 agenda. VOTE: Unanimous Discussion proceeded on the search for a new city manager using Baenziger and Associates. ACTION: Motion carried to initiate a new city manager search with Baenziger and Associates at no cost to the City. VOTE: 4 -3, Adkison, Cawley and Coffey voting no. 9. Adjournment — 7:40 PM ACTION: Motion carried to adjourn to the City Council retreat on February 1, 2012 at 12:00 p.m. at the Yakima Convention Center. VOTE: Unanimous 4