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Home My WebLink About05/05/1992 Study Session / Business Meeting 263 CITY OFYAKIMA, WASHINGTON MAY 5, 1992 STUDY SESSION /BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry Beauchamp (present after 2:04 P.M.), Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS Mayor Berndt proclaimed May 1992, Older American Month. The Proclamation was accepted by Kristin Jacobson of the Senior Center. ,Ms. Jacobson introduced Emma Marks, a volunteer for fourteen years at the Center and Maxine Estep, a volunteer for three years. They thanked the City and the Council,and invited everyone to visit the Center. May 5, 1992, was proclaimed Cinco de Mayo Day. Tony Sandoval, of the Hispanic Study Group, Gloria Lopez of Las Amigas Latinas and Aurelio Rios and Rosemary Valdez, Yakima Valley Community College Mecha, accepted the proclamation and thanked the Council and the City for their support of Hispanic functions. 4. PUBLIC HEARING AND CONSIDERATION OF DRAFT ORDINANCE BANNING FIREWORKS IN THE CITY OF YAKIMA This being the time set for a public hearing on the consideration of a draft ordinance banning fireworks in the City limits, Councilmember Semon commented that in over two years on the Council, this subject has generated more discussion and opinions than any other. He feels the issue can be best dealt with fairly by putting the issue on the ballot for the public to decide. It was MOVED BY SEMON, SECONDED BY SIMS, TO INSTRUCT THE CITY ATTORNEY TO PREPARE LEGISLATION FOR THE SEPTEMBER PRIMARY ELECTION, WHEREBY THE CITY ELECTORS WOULD VOTE IF THEY WANT TO BAN FIREWORKS 264 MAY 5, 1992 WITHIN THE CITY OF YAKIMA, AT THE EARLIEST EFFECTIVE DATE TO BE JUNE 1994. Councilmember Barnett commented he would like to hold the public hearing before voting on the issue; this was the consensus of the Council. Councilmember Barnett reminded Council that staff was going to contact other jurisdictions prior to the time dates of public hearings are set. This might be handled prior to a small task force being formed. Fire Chief Beeson stated the County was contacted and their response was that they were waiting to see what happens here. He commented that the State adopted a Uniform Fire Code last year that prohibits the sale of fireworks; however, the State is not an enforcing entity. He feels the City and County both need to act on a ban on fireworks. He cited the number of fires caused by fireworks. He approves of the ban enacted in Pasco which reduced fireworks related fires from fifty four in 1990 to zero in 1991. City Attorney Vanek advised the Council that when the 1991 Fire Code was adopted by the City, Article 78, which would have banned fireworks, was excluded. This being the time set for the public hearing, Mayor Berndt opened the hearing to the public and asked the citizens to please be brief and keep their remarks to the issue. Dennis Teeter, 721 S. 6th Street, remarked he feels fireworks on the Forth of July are part of our free society and as American as apple pie. He stated there were 35,000 injuries from lawnmowers in the United States, but they don't outlaw lawnmowers. Rich Wilder, Yakima Bible Church Youth and Music Minister, spoke about his fundraising efforts in Portland, Oregon. He said selling fireworks for the Fourth of July is the best fundraiser that he has ever been involved in. The money is used for the benefit of many youths. He feels if they are outlawed that young people will buy fireworks that are unsafe and there will be more injuries than from the safe, regulated fireworks sold in the stands. In answer to Councilmember Semon's question about other means of funding for youths, Mr. Wilder said fireworks are the greatest source of profit; one of their stands makes $3- $4,000 during the season. 2 265 ,,MAY, 5, •1992:- Dave Crist, a fireworks stand operator from Selah, stated the safe and sound fireworks which the stands sell are a good source of tax revenue for the City and County. He feels people will buy unsafe fireworks if the ban is passed, which will result in more accidents. Jesse Navarro, a Vietnam veteran, spoke for the rights of veterans and other organizations to sell safe fireworks. He feels putting it to the vote of the people is the right thing to do. Councilmember Semon commented that he is also a Vietnam veteran. Don Mitchell noted the joy the Southeast neighborhood children receive from watching the fireworks at Ahtanum Park in the past. He agrees with giving citizens the chance to vote on the fireworks issue. Brenda Meadows, United Pentecostal Church, spoke for the rights of American citizens to buy fireworks if they so choose. She agrees with letting Yakima residents vote on the issue. Debbie Glazier stated children have to be educated on the use of fireworks. She agreed with placing this issue on the ballot. William Strole, 105 N. =53r&'..Avenue, discussed the rights of citizens to choose and be able to celebrate the Fourth of July as they please. He mentioned the high accident rate of bicycle injuries to children, yet no one would think of outlawing bicycles. Scott Crist, Selah, spoke of the responsibility of parents and adults to teach children the safe use of fireworks. Martha Brown, 306 N. 61st Avenue, spoke in favor of the safe and sound type fireworks. She said children can go into grocery stores and buy the unsafe type of fireworks. She stated she has been in this business 20 years; supports education; and opposes the ban. Chuck Gilbertson spoke in favor of the ban. He stated he is afraid to leave his home on the Fourth of July because of the danger of fire. Jerry Farley, a Seattle resident, and a professional lobbyist disagreed with several figures in the staff report and referred to statistics published by the Federal Government on injuries due to accidents; fireworks being number 134 on the 3 266 MAY 5, 1992 list. He discussed the safety literature distributed at the stands. Bob Cherrington, 1419 S. 30th Avenue, spoke in favor of the ban, stating he has stayed home on that evening to protect his property. Milt Van Brown, 530 Wapato, Moxee, stated he formerly made his living in the fireworks business, but is now in public display of fireworks. He stated he would be willing to serve on a task force. Barry Johnson,' West Valley Quarterbacks, 213 N. 85th Avenue, spoke in favor of using fireworks for youth groups to earn money. Jakki MacLean, 620 S. 15th Avenue, Deputy Fire Marshall, stated the County is very interested in this issue. She is for greater education of the general public regarding fireworks; not just the children, but adults as well. Bob Brown, an Oregon resident formerly from Yakima, discussed the special task force in Oregon and the success they have had with enforcing rules and regulations regarding fireworks. Van Phillip, Spokane Humdinger Fireworks representative, opposed the ban and discussed the safe use of fireworks. He stated he would like to see Council entertain other options. Phyllis Cowden, 1310 S. 15th Avenue, spoke in favor of the ban and of the danger of fireworks. John Hyre, of Pyrodyne Fireworks, Kirkland, spoke for the freedom to use safe fireworks, and of the required instructional labeling. Larry Witham, 1104 Landon Avenue, spoke of the pride of Fourth of July and the right to be able to use fireworks to express the pride in our Country. There being no one else wishing to speak to the issue, Mayor Berndt closed the public hearing. It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO AMEND THE ORIGINAL MOTION TO FORM A JOINT TASK FORCE TO MEET WITH OTHER ENTITIES AND REPORT BACK BY SEPTEMBER 1ST TO THE COUNTY AND CITY AND TO PUT IT ON THE BALLOT FOR THE NOVEMBER ELECTION. Following further discussion by the Council concerning who should be included in the task force, the question was called 4 267 MAY - 5, 1992„ for a vote on the amendment. The motion carried by 6 -1 voice vote; Sims voting nay. The question was called for a vote on the amended motion. The amended motion carried by unanimous voice vote. 5. AUDIENCE PARTICIPATION None 6. PRESENTATION OF REPORTS FROM FINANCE DEPARTMENT: A. FIRST QUARTER 1992 BUDGET REPORT City Manager Zais reviewed the budget report with the Council. The staff was directed at the last budget session to come back with a Budget Contingency Plan, and this report relates to that issue. The First Quarter report indicates satisfactory performance within the norms usually followed. B. ALTERNATIVE CONTINGENCY BUDGET REDUCTION PLAN City Manager Zais reviewed the alternative budget reduction plan with the Council. He stated this was the fourth plan to be prepared in the last 12 years. Mr. Zais stated his philosophy is to be prepared. The plan provides for a °;,$1 3 Million reduction, with two options. One option is based on a 5% reduction in the General Fund, including Police. The second option is a 7% reduction in the General Fund, excluding Police. This is a contingency plan only and is not something the City would choose to do voluntarily. These reductions would affect the quality of services provided throughout the City. John Hanson, Director of Finance & Budget, and Mr. Zais stated the City's budget status reflects a stable fiscal position. They feel that overall the City's revenue to budget performance is more than satisfactory. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Beauchamp temporarily absent. 7. OTHER BUSINESS None 5 266 MAY 5, 1992 8. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND PERSONNEL It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION AND PERSONNEL, WITH IMMEDIATE ADJOURNMENT TO MAY 12, 1992, AT 7:00 A.M. AT THE YAKIMA CENTER. The motion carried by unanimous voice vote; Beauchamp temporarily absent. 9. ADJOURNMENT TO MAY 12, 1992 AT 7:00 A.M. AT THE YAKIMA CENTER FOR INFORMAL DISCUSSION Following the completion of the Executive Session, the meeting was adjourned at the hour of 5:00 P.M. READ AND CERTIFIED ACCURATE BY: I ' % I I-C)C CO CIJMEMBER -BATE / / l∎0.A // A iI'/i,LJJ „A% COUDTCILMEMBER DATE ATTEST: /<al C--;,a.t. \A,f, ,d,- CITY CLERK 'MAYOR Minutes prepared by Clerk Harris 1 6