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HomeMy WebLinkAbout11/22/1988 Business Meeting 028 NOVEMBER 22, 1988 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, Council members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, and Jerry Foy present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy City Clerk Toney also present. Council member Bernard Sims absent and excused. 2. INVOCATION An Invocation commemorating former President John F. Kennedy, his brother, Robert Kennedy and Dr. Martin Luther King, Jr., was given by Assistant City Manager Stouder. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt reported on her trip to Disneyland with the ten children selected from Yakima. Council member Foy asked if it would be possible for any one of these children to appear before Council with their perspective on this trip. Alex Santillanes, member of the Yakima Coalition for the War on Drugs, commended the City for their effort in the War On Drugs. He asked that one of the vehicles seized by the police department for drug trafficking be donated to the Guardian Angels to be used for official business. A brief discussion ensued about the legalities granting this request and Mr. Santillanes was advised to submit his request to the Yakima Coalition for the War on Drugs. Alice Cannon, 211 South Naches, requested assistance in getting the lawn growing and the leaves raked up at the apartment house at 203 South Naches. She was referred to Code Manager Bob Shampine who indicated he would look into the matter. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 13 was removed from the Consent Agenda. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Foy, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. Sims absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF OOUNCIL MEETINGS OF OCTOBER 18, 1988 The Council minutes of October 18, 1988 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION A. SPECIAL PRESENTATION BY JAMES HURLEY REGARDING CITY'S PRIVATE SECURITY ORDINANCE James Hurley, local attorney, 411 North 2nd Street, spoke on behalf of his client, Ron Anderson, Central Washington Investigation and Security. Mr. Hurley alleged that the City selectively enforces it's requirements that business licenses be required if a person engages in business within the City limits. Mr. Hurley stated his client would suggest Council consider amending the ordinance to provide a civil penalty for unlicensed businesses equal to twice AAD /1 020 NOVEMBER42, 1988 . the amount of revenue generated `while not licensed. He also expressed concern that the current ordinance does not regulate any one hired by a store or business to provide security services. He spoke about an arrangement between Sunfair Chevrolet, Lynch Motors and the Greenway Foundation for security services. He stated the security guards for Sun Fair Chevrolet and Lynch Motors operated for a period of time without obtaining a business license and were not subject to any monetary fines when they finally did obtain a business license. Mr. Hurley also objected to the fact that the security guards in question wear uniforms resembling law enforcement officers, carry weapons, and operate a vehicle with a light bar on the top and a shield on the side of the door. City Attorney Vanek commented he had reviewed the facts of this matter and determined that the City had not been selective in the enforcement of it's requirement for a business license. He stated the agency in question complied with the request from the Code Enforcement Office to obtain a business license. Mr. Vanek indicated the Police Department had looked into the other matter and learned that the security guard is an employee of Sunfair Chevrolet and the two auto dealerships have a cooperative arrangement for this guard to keep an eye on the two auto dealerships, the Rio Mirada Motor Inn and the Yakima River Greenway. The City Municipal Code does not clearly address such arrangements. .Various Council members expressed concerns about the following issues: the image these security guards are giving to the citizens because of the fact that they wear uniforms, carry weapons, and operate a' vehicle similar to a patrol car; have they been properly trained to handle a weapon; do they have the authority to make an arrest, etc. Jerry Henderson, 309 North 35th Avenue, commented he has spent several years with Yakima Security Service and stated he would like to comment on this issue. He stated there has' been legislation introduced into the House at the State level, however, that legislation died because of the restrictive wording in the legislation which would require the State to fund a testing, and possibly a training program, similar to a police academy, for the State of Washington. He said no such academy exists in Washington State and the cost of operating such an academy .would likely be prohibitive. Mr. Henderson commented the light bars on all security guard vehicles in Yakima are yellow light bars and not red and blue such as those found on law enforcement vehicles. He stated that pilot cars and vehicles used for traffic control, for highway and construction projects are using the same type of light bars as those seen on the security vehicles. Mr. Henderson stated none of the security guard vehicles in the Yakima Valley use light bars similar to those on law enforcement vehicles. • Ron Anderson, 510 South 1st Street, Central Washington Investigation and Security, stated he believes the point he is trying to make is not coming across properly. He stated he feels the City is taking on a large liability by allowing unlicensed security officers to provide security service in the community. Mr. Anderson stated he has known of individuals with a felony record who have been employed as security guards in the past because they were able to get away with operating without a business license. He stated without licensing and regulating the security field in Yakima, the possibility exists that an unlicensed security officer will become involved in a police matter because they are not trained to stay away from such matters. Due to the number of concerns voiced by various Council members surrounding this issue, Mayor Berndt requested a further in depth discussion of this,issue take place during a future study session when Council has more time to devote to the issue. • 7. PUBLIC HEARING ON VACATION OF PUBLIC UTILITY EASEMENT FOR.YAKIMA FEDERAL SAVINGS AND LOAN IN VICINITY OF 40TH AVENUE (SEE RESOLUTION) Director of Utilities and Engineering; Dennis Covell, stated this is a public hearing for the purpose of considering vacation of a AAD /2 030 NOVEMBER 22, 1988 public utility easement for the expansion of Yakima Federal Savings & Loan Association at 40th Avenue & Tieton Drive. Council member Foy asked that staff include a statement in the agenda cover sheet indicating the power, gas and phone company were contacted and submitted a response to City staff. Mr. Covell stated that can be incorporated in the agenda cover sheet in the future. Mayor Berndt opened the public hearing at this time and Vic Valicoff, 1118 West Lincoln Avenue, asked if his property is going to be hindered from utility services in the future if this is approved. The property in question is located on the corner of 40th Avenue and Meadow Lane, and about eight feet of the easement is absorbed for vacation as shown on the map. He was assured by staff that this would not present any problem in the future. There being no other citizens present to address this issue, the hearing was closed and Resolution No. D -5523 read by title. It was MOVED by Foy, seconded by Buchanan, that the resolution be adopted. Unanimously carried by roll call vote. Sims absent. RESOLUTION NO. D -5523, A RESOLUTION vacating a public utility easement upon petition of Yakima Federal Savings and Loan Association. 8. PUBLIC HEARING ON PROPOSED 1989 BUDGET This being the time set for the public hearing on the Proposed 1989 Budget, City Manager Zais made brief introductory comments regarding the 1989 Budget review process to date, noting that Budget wrap -up is scheduled for December 10, 1988. The public was encouraged to make their concerns known today and during the remainder of the Budget review sessions. The public hearing having been opened by Mayor Berndt, John Klingele, 1312 West Walnut, referred to page 36 outlining some of the fund resources available to the City and the expected revenue for 1989. Mr. Klingele noted that his long distance phone bill from U.S. West Communications did not contain the city's tax, however, his AT &T long distance phone bill does include the tax. He suggested the City pursue some of the long distance phone companies in applying the phone taxes uniformly. Mr. Klingele stated when he contacted his long distance phone company he was informed they get their tax information from the State and the State doesn't pass along City fees, so it seems the City needs to contact a number of long distance companies and possibly generate some additional revenue. Mr. Klingele stated he is opposed to the closure of Fire Station #2 as he has a special interest due to the fact that he lives within a few blocks of the station. He stated closure of Station #2 would substantially increase the life safety problems associated with major buildings within the neighborhood, such as Yakima Convalescent Center, Davis High School, St. Elizabeth Medical Center and Swan Manor housing for the elderly. Referring to page 340 -350 under Traffic Division, he noted the City is continuing to install additional street lights, but the City does not have a plan to install street lights in neighborhoods that are poorly lighted, unlighted, or recently annexed areas. Mr. Klingele stated he would like to see the City return to the budget policy of allocating monies for street lighting installation in annexed areas and neighborhoods needing additional lighting. There being no other citizen present to address the proposed 1989 Budget, Mayor Berndt closed the public hearing. 9. PUBLIC HEARING ON: A. COMPREHENSIVE WATER PLAN (TO BE CANCELLED AND RESCHEDULED FOR FOR DECEMBER 20, 1988.) AAD /3 031 NOVEMBER12 1988 • • It was the consensus of "the' Council ancel the public hearing on the Comprehensive Water Plan and reschedule it for December 20, 1988. • B. COMPREHENSIVE SEWER PLAN • This being the time set for the public hearing on the Comprehensive Water Plan, Assistant City Manager Stouder made a few brief introductory remarks, stating staff is in the third year of study and preparation of the existing and future Wastewater and Collection System. He stated the final, draft has been prepared and • presented to Council today for discussion purposes. The public hearing was opened by Mayor Berndt and John Klingele, 1312 West Walnut, addressed Council, stating three days is not enough time to review almost 600 pages of material on the Comprehensive Sewer Plan. Mr. Klingele indicated there are three more documents yet to be presented for review and requested the public hearing be deferred one week to allow more time for review. Council member Barnett commented he would not be adverse to having another week to review the document himself. There being no other citizen present to address the Comprehensive Sewer Plan, Mayor Berndt•closed the public hearing and requested direction from Council. Following a brief discussion regarding the rescheduling of the public hearing, it was MOVED by Carmichael, seconded by Beauchamp, to reschedule the public hearing for November. 29th at 7:00 P.M. Unanimously carried by voice. vote. Sims absent. • Council member Barnett stated there are a couple of areas he would be asking for clarification on from staff: 1) is there a conflict, in the narrative of the Comprehensive Sewer Plan and the opinion given to staff by legal counsel on this, and 2) whether the change in the ordinance is going to change section-7.58.030 c and d as it relates to the limitation of the charge on the maximum area of the residential dwelling unit; whether there is any impact on these. Mr. Waarvick stated the .proposed CCRC adjustment was strictly on the dollar figures and rates. He stated there is approximately a 60% increase across the board on all rates and charges to reflect actual construction costs, to be applied only to those who apply from some date forward. .Mr. Waarvick distributed material to Council members which contained corrected information to Appendix H, adding that a list of errata will be made'and placed in the front of the document for Council's review. *10. CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF PERMIT FOR ENCROACHMENT. ON A PUBLIC UTILITY EASEMENT REQUESTED BY CARL'ION PETERSON • RESOLUTION NO. D -5524, A RESOLUTION authorizing the issuance of a permit to encroach on a public utility easement. • *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR FIRE PROTECTION SERVICES TO STATE FACILITIES • RESOLUTION NO. D -5525, A RESOLUTION authorizing the execution of an agreement with the State of Washington, Planning and Community Affairs Agency, for fire protection services to State facilities. *12. APPROVAL OF TREASURY REPORT FOR AUGUST, SEPTEMBER AND OCTOBER, 1988 (STANDARD MOTION V -A; ACCEPT AND APPROVE REPORTS) • The report from the Director of Finance' and Budget dated November 22, 1988 regarding the investments of the City of Yakima for the months of August, September and October, 1988,' was accepted and approved. • 13. APPROVAL OF THE THIRD QUARTER 1988 ACCOUNTS RECEIVABLE- CENTRAL BILLING STATUS REPORT AAD /4 032 NOVEMBER 22, 1988 Council member Barnett referred to the first paragraph on page three and asked if this report states there are governmental agencies that are not paying City billings. John Hanson, Director of Finance and Budget, stated there are several that are paying, but the paper work has not been received as yet. He did indicate, however, there are some governmental agencies that have not paid billings submitted by the City. Council member Foy suggested the City take a position in the future to require businesses to borrow money to pay taxes rather than allow them to remain in a delinquent status. Mr. Foy also suggested staff implement a program to collect a deposit whenever possible to insure billings will be paid. Council member Barnett asked if the weed abatement billings listed in this report will be written off. Mr. Hanson stated he will have to check to see if the bills are past the statute of limitations for collections. It was MOVED by Foy, seconded by Carmichael, that the report be accepted. Unanimously carried by voice vote. Sims absent. *14. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 BUDGET AND MAKING. APPROPRIATIONS FOR TRANSIT TURNOUTS (SECOND READING) An Ordinance appropriating funds for Transit turnouts, having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 3139, AN ORDINANCE amending the 1988 budget, for the City of Yakima; and making an appropriation of $24,583 in the 364 - Transit Capital Fund for expenditure during 1988 for bus turnout costs on 40th Avenue and Tieton Drive street projects. * 15. CONSIDERATION OF AN ORDINANCE APPROPRIATING FUNDS FOR TRANSIT AND EQUIPMENT RENTAL EXTENDED HOLIDAY SEASON SERVICE (FIRST READING) An Ordinance appropriating funds for Transit and Equipment Rental extended holiday season service, having been read by title only at this meeting, was laid. on the table for three weeks, or until December 13, 1988. 16. OTHER BUSINESS Council member Foy asked staff to present a report next week indicating how much revenue would be generated if the tax on the City owned utility is raised 1%. City Attorney Vanek reported on the status of the amendment to the Drug Coalition contract, stating the School District's Attorney, Rocky Jackson, informed him that a letter has been mailed regarding this contract, however, it has not been received at the Legal Department as yet. Mr. Vanek stated he will prepare an information report as soon as he receives the letter from Mr. Jackson. Information Items: Items of information supplied to Council were: Memo from Larry Lehman, Associate Planner, regarding Status Report - Yakima Downtown Futures Plan. 11/22/88; Memo from Director of Public Works and Traffic Engineer regarding East Yakima Avenue Synchronization. 11/17/88; Letter of resignation from David Eyles, Cable Communications Coordinator. 11/14/88; Memorandum from John Haddix, Associate Planner, regarding Holy Cross Orthodox Church. 11/17/88; Letter from Kittitas - Yakima Resource Conservation and Economic Development District regarding service provided by Yakima Community- access Television station.. 11/15/88; Activities Report for November 1988 from Yakima County Coalition For the War on Drugs; Newsletter from Neighbors Against Drugs. 11/16/88; Articles from the November 15, 1988 Seattle Post - Intelligencer, "The Neighborhoods are Dealers' Choice for Pushing Drugs" and "We're Afraid for our Kids, Frustrated Residents Cry "; Agenda for the November 16, 1988 Yakima Housing Authority Board AAD /5 033 NOVEMBER 2 1988 meeting and minutes of its - October 261 meeting; and. Minutes of the October 25, 1988 Yakima Air Terminal Board meeting. 17. ADJOURNMENT TO NOVEMBER 29, 1988 AT 9:00 A.M. - 5:00 P.M. FOR BUDGET REVIEW • It was MOVED by Carmichael, seconded by Buchanan, to adjourn to November 29th, 1988 at 9:00 a.m. Unanimously carried by voice vote. Sims absent. ,r READ AND CERTIFIED ACCURATE BY 1 A IAA , 21-7C c, F 1 COUNCI B r DATE (77 ATTEST: • CO CIL MEMBER 'DATE • CITY CLERK - MAYOR • • • • • • • Tr 0 • • • • • • • • AAD /6