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
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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
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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.)
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•
• 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
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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
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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
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