HomeMy WebLinkAbout03/06/2012 04A Draft Minutes 01-17-2012 Business Meetinga_
YAKIMA CITY COUNCIL
January 17, 2012
Council Chambers -- City Hall
5 PM Executive Session; 6 PM Business meeting; 7 PM Public Hearings
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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
Executive Session was held and adjourned at 5:56 p.m.
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
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
Response to Mark Peterson's complaint
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
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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. The following
item was removed from the Consent Agenda and is now under City Manager's Reports:
*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 stated in said Employment Agreement; and specifically
amending paragraphs 4 and 6.1 of said Agreement. The effective date of the amended
Agreement shall be retroactive to January 1, 2012.
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 Assistant Mayor Maureen Adkison, Seconded by Council Member
Rick Ensey. Approved. 7 -0. Council Members voting Aye- Adkison , Bristol , Cawley, Coffey,
Ensey, , Ettl , Lover.
A. Consideration of approval of City Council Meeting Minutes
The minutes of the December 6, 13 and 29, 2011 Adjourned and /or Business meetings were
approved, having been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
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 system.
ORDINANCE NO. 2012 -02, AN ORDINANCE granting a non - exclusive franchise to Northwest
Open Access Network, ( "NoaNet "), a non - profit mutual corporation, to construct, operate and
maintain a Telecommunications System, with all necessary facilities, within the City of Yakima,
Washington (the "City "); setting forth provisions, terms and conditions accompanying the grant
of this Franchise; providing for City regulation of construction, operation, maintenance and use
of the Telecommunications System; prescribing penalties for the violations of its provisions; and
setting an effective date.
D. Resolution authorizing an agreement with Huibregtse, Louman Associates, Inc. related to
the Water Treatment Plant Backwash Storage Project
RESOLUTION R- 2012 -12, A RESOLUTION authorizing the City Manager to execute the
attached and incorporated engineering and consulting services agreement with Huibregtse,
Louman Associates, Inc. for engineering and consulting services associated with the design and
production of contract documents for the Water Treatment Plant Backwash Storage Project.
E. Set date of February 7, 2012 for the Closed Record Public Hearing on the Preliminary Plat
of Englewood Ridge, Two Bluffs, LLC developers.
F. 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
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Ehlers.
G. Resolution authorizing the acceptance of a land donation for park purposes and
conveyance by deed of property located at 13th Street and East ChestnutAvenue from
Sun Yakima, LLC
RESOLUTION R- 2012 -13, A RESOLUTION accepting donation and conveyance by deed from
Sun Yakima, LLC of title to land for public park purposes, and authorizing the City Manager to
execute all documents necessary or appropriate to accomplish such acceptance and
conveyance
5. Audience Participation
Doug Lemon, 206 N. 6th Avenue, complained about the increase in his water bills and City
employees.
Glenda Phillips, Selah, 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, 215 N. 22nd Avenue, also supported using local banking institutions.
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.
The City Clerk read ordinance by title only. ORDINANCE NO. 2012 -03, AN ORDINANCE
amending Title 15 of the Yakima Municipal Code to add new Section 15.01.035 providing that
no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and
applying such regulation to medical marijuana dispensaries and collective gardens. ,
Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Rick Ensey.
Passed. 0 -0.
CITY MANAGER'S REPORTS
7. 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 stated in said Employment Agreement; and specifically
amending paragraphs 4 and 6.1 of said Agreement. The effective date of the amended
Agreement shall be retroactive to January 1, 2012.
(ITEM REMOVED FROM CONSENT AGENDA)
Motion was made to amend the contract to reflect the agreement term to be indefinite until
terminated as provided in the contract.
The City Clerk read the resolution by title. RESOLUTION R- 2012 -14, A 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
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the term stated in said Employment Agreement; and specifically amending paragraphs 4 and
6.1 of said Agreement.
Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Rick Ensey
Adopted. 7 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey, Ensey, , Ettl,
Lover.
ORDINANCES
8. Legislation regarding Collective Bargaining and ammendments to the Classification and
Compensation Plan
Interim City Manager Morales briefed the Council on the provisions of the AFSCME Transit
Collective Bargaining Agreement.
The City Clerk read the resolution and ordinance by title.
RESOLUTION R- 2012 -15, 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.
ORDINANCE NO. 2012 -04, AN 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.
Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member
Dave Ettl. Passed. 7 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey ,
Ensey, , Ettl , Lover.
9. Other Business
A. Discuss National League of Cities Conference in Washington DC March 3 -14
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.
C. Legislative Agenda
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.
D. City Manager Vacancy
Motion was made to proceed with a City Manager search using the firm Baenzinger and
Associates; as per the contract, they are to do a free search.
Council Member Ettl noted there may be new, good candidates. He understands Baenzinger &
Associates was a disappointment to some and he would like those disappointments categorized
and addressed when they provide our entitled free search.
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Interim Manager Morales clarified the search will be done pursuant to the contract with
Baenzinger, which may require the City to bear the burden of expenses associated with bringing
candidates in. City Attorney Cutter indicated his understanding of the contract is there would be
no cost to the City.
Mayor Cawley thinks, since the firm is based out of Florida, they may not be well networked with
the West Coast. Council Member Bristol suggested doing a duplicate search by using our free
one with Baenzinger & Associates and a different search firm, which may lend different results.
Council Member Coffey noted she has been vocal in opposition to Mr. Baenzinger and that it is
time for Council to show leadership and move forward for this community. She feels they have
been dealing with this for a long time; they currently have a credible candidate and it is time to
make a decision.
Assistant Mayor Adkison stated she will be voting no, as the final pool they had last time will
probably not be bigger. She felt Mr. Cooper was qualified; however, the other two
candidates didn't approach Mr. Cooper's or Mr Morales' capabilities. Council Member Coffey
reminded Council in her conversations with Mr. Cooper, he indicated he was very unhappy here,
and told them point blank that Michael Morales should be the City Manager. Council Member
Ettl indicated he was not in the select group that had certain conversations with Mr. Cooper.
Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Dave
Ettl. Approved. 4 -3 Council Members voting Aye: Bristol , Ensey, , Ettl , Lover. Council
Members voting Nay: Adkison, Cawley, Coffey.
10. Adjournment
The meeting adjourned at 7:40 p.m. A motion carried adjourn to the City Council retreat on
February 1, 2012 at 12:00 p m. at the Yakima Convention Center
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
Bristol. Carried. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey , Ensey, ,
Ettl , Lover .
The next Council Business meeting will be February 7, 2012 in the Council Chambers of City
Hall
CERTIFICATION
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
MAYOR
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