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HomeMy WebLinkAbout05/02/1989 Business Meeting t t q MAY 2,.1989 ' . 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 Henry Beauchamp, Lynn Buchanan, III Jerry' Foy. and. Bernard Sims present on roll call. Council members Clarence Barnett -and Lynn Carmichael. absent and excused. City .Manager Zais, City Attorney Vanek, City Clerk. Roberts and • Acting Deputy City . Clerk Watkins also present. 2. INVOCATION_ -.. ,... -i-i , l'.... .,. :2.L1. w-L J.:. ,1„; 11 . . .. The Invocation was given by City .Manager Zais:;;: _:a.,• Y': /6 .,e: 3. OPEN DISCUSSION FOR THE'GOOD'OF THE ORDER Mayor Berndt. informed the Council and staff that: Council member Carmichael-is in the hospital having surgery today. 4. CONSENT AGENDA . Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were ariy or deletions from either Council members or citizens`_present. It was requested by a citizen to. remove,item No.. 9. Item No. 17A was added to the agendai 'and /:.`added: €,tdJ the.- consent •_agenda. The City.. Clerk then read . the Agenda items, including.. resolutions and :.ordinances by title. It was o D` :BYSIMS, :_S2..e ® D' BY;.::.BUCHANAN`:THAT THE OONSENT:: ,.AGENDA; : :`AS' '` ° D,:' BE : PASSED./ .: by .roll call vote. Barnett.. and. Carmichael 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 THE.COUNCIL.MEETING OF APRIL 25,:1989;.. • The Council minutes of April 25, 1989 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 Mayor. Berndt issued a proclamation to Tim Estes and Kim Stevens from the Visitors and Convention Bureau. In 'recognition of the .importance of the - tourism industry to Yakima contributing to, our employment, .economic prosperity and international trade, peace, understanding, and 'will, Mayor Berndt proclaimed the week beginning May 14th as "Yakima Valley Tourism Week ".and. called upon the people of. Yakima to • observe this week with appropriate ceremonies and activities. . - . Steve Emhoff, .Associate Broker: with Englund .& Associates,iReal Estate Office .representing:Maid 0' Clover, Inc. expressed interest in acquisition of property located at the S.E. corner of 40th and River Road. Mr. Emhoff introduced Mr. Jeff Louden, the owner of Maid. 0' .Clover. After .preliminary discussion, Council.member Foy III asked what the. zoning was and whether they would be going through a hearing He advised if. _that were . -.the. case, it ..would require going through a• -Class 3: hearing,. and discussing it now:could put the Council into. an exempt position to approve or disapprove what they are doing. Council member Foy recommended Mr. Louden write a letter requesting consideration for purchase of the property which surrounds their property. He that once:. the ownership issue was resolved they -could go on to the next step of filing for rezone. . 7. STATUS REPORT REGARDING BUDGET AMENDMENT FOR IMPLEMENTATION OF LAW AND JUSTICE'PROGRAM,'POLICE.AND LEGAL STAFFING AND EOUIPMEN'T ' AAD /1 150 MAY 2, 1989 City Manager Zais gave an overview of the status report on the budget amendment to implement the Law .and Justice Program. He projected the revenue in 1989 would be $300,000. He stated this figure is subject to verification as all the data has not yet been received. He detailed the difficulty the City experienced when attempting to obtain information from AT &T. The projected annual revenue for 1990 is $750,000. The 1989 . expense .for the implementation is; Police Department - $158,500, Legal - $77,500, and a $64,000 contingency fund. The second year's expense is projected at $602,000 for the Police Department, $118,000 for Legal, and $28,000 contingency. Although space requirements are a major future issue, it was necessary to address the immediate needs of the Legal Department on an interim basis. The proposed budget addresses obtaining •of- site,• office space for Legal thereby allowing the Police Department use of the space currently occupied by the Legal Department. IT WAS.MOVED BY..BUCHANAN, ,S.5Se DED BY BEAUCHAMP;, Ta.'ACCEPT THE REPORT..: Larry Mathews, :805 S. 17th Avenue, expressed concern that only 15% of the budget. in 1989 and 50% in 1990 were going toward hiring additional officers. He said the people are looking for more police presence on the streets. Council member Beauchamp suggested the emphasis of the new Law and Justice Program-should be toward the drug issue.•Police Chief Green assured Council member Beauchamp and Mr. Mathews that all officers, whether plain clothed or uniform, are drug officers. He explained the tremendous amount of clerical support services required inside, as well as the support received outside by the • reserve .component and the "On Guard" volunteers, emphasizing that the .police presence will be increased downtown and in the neighborhoods. He reminded the public that police presence is not just uniformed officers. THE, QUESTION. WAS: :CALLED EOR: :.A:VOTE :ON THE MOTION.: - Unanimously :.carried by...voice vote. Barnett and.:. Carmichael absent„,..: ; . . *8. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH YAKIMA VALLEY SLOW PITCH ASSOCIATION RESOLUTION .NO.'.D 5568, A RESOLUTION authorizing signature of an agreement between the City of Yakima and Yakima Valley Slow Pitch Association for league and tournament softball games on City playing fields. 9. FIRST QUARTER 1989 REPORT FROM ENGINEERING AND UTILITIES REGARDING STATUS OF CAPITAL PROJECTS • Larry Mathews, 805 S. 17th Ave., questioned an item in the First Quarter Report from Engineering and Utilities, regarding the Tieton Drive sidewalk, asking.what the Federal requirements were. Dennis Covell, Director of :Engineering and Utilities, answered 1) an arterial in.the.arterial system must have an.18Ainch.clearzone from the face of the curb . to the face. of any utility pole, and 2) there must be a minimum four feet..clearzone for accessibility on the sidewalk for anyone using a wheelchair. Those requirements can be met with a minimal shifting of some, or most, of the power poles on Tieton Drive. It was MOVED BY'BUCHANAN, SECONDED BYYFOY.,,TO.ACCEPT . THEl REPORT :. : 'Unanimously carried by voice vote. Barnett and Carmichael absent. *10. APPROVAL OF..FIRST QUARTER 1989.. .TREASURY REPORT ..(STANDARD MOTION V -A — ACCEPT REPORT) • The report from the Director of Finance and Budget dated May 2, 1989, regarding the investments of the City of Yakima for the months of January, February and March, 1989, were accepted and approved. *11. SET E TE OF PUBLIC MEETING FOR MAY 16., 1989 ON REZONE OF PROPERTY AT 601 EAST NOB HILL BLVD. FROM R -2 TO CBDS, REQUESTED BY PEDRO AND AMELIA GARZA, JR. May 16, 1989 was set as the date of public meeting on a rezone of property at 601 East Nob Hill Blvd., from R -2 to CBDS, as requested by Pedro and Amelia Garza, Jr. AAD /2 151 MAY 2, 1989 ' • *12. APPROVAL OF OUT -OF -STATE TRAVEL FOR: . .A.. BOB SHAMPINE, CODE ADMINISTRATION MANAGER, TO BOISE, IDAHO The Out -of- State travel for .Bob Shampine, Code Administration Manager•,_ to. attend the 10th Annual Spring Code Development meeting sponsored by ICBO, in Boise, Idaho, May 17 -19, .1989, at a cost of • $539.00, was approved. B. RICK PETTYJOHN.AND TOM SELLSTED, INFORMATION SYSTEMS, TO PALM SPRINGS, CA. The Out -of -State travel for Rick Pettyjohn and Tom Sellsted, Information Systems, to attend the Environmental System Research Institute National Users Conference, in Palm Springs, California, May-20 -26, 1989, at.a'cost of $1',506.00, was approved. ,C.- JERRY BEESON, FIRE CHIEF, TO EMMITSBURG, MARYLAND The Out -of -State travel for Jerry Beeson, Fire Chief, to attend the Strategic Analysis of, Executive Leadership at,the National Fire Academy in Emmitsburg, Maryland, May 22 - June 2,. 1989, at a cost of $156.00, was approved. . * 13. CONSIDERATION OF AN ORDINANCE AMENDING THE 1989. PARKS - .CAPITAL BUDGET -FOR CHESTERLEY PARK IMPROVEMENTS .(FIRST READING) An Ordinance amending_.the 1989 Parks Capital Budget for Chesterley Park Improvements,= having been` read. by title only, was laid on the _table: for two weeks, or until May 16, 1989. . . - *14. CONSIDERATION OF AN ORDINANCE AMENDING •THE 1989 PARKS CAPITAL FUND AND APPROPRIATING FUNDS FOR SOFTBALL. FENCE IMPROVEMENTS - 'REQUESTED,'BY,YAKIMA SLOW PITCH ASSOCIATION (FIRST READING) - .An,.Ordin'ahce amending.. the 1989._Parks,Capital Fund and appropriating .funds for softball fence. improvements .at Kiwanis!,%.,•.Larson,. and Gardner ballfields,. as. requested by the Yakima Valley Slow Pitch Association, having been read by title only, was laid on the table for two weeks, or until May 16, 1989. *15. CONSIDERATION OF AN- ORDINANCE AMENDING THE FIRE CAPITAL BUDGET FOR PURCHASE OF LADDERS AND RESCUE SAWS (FIRST READING) An Ordinance amending the Fire Capital Budget, and appropriating funds for the purchase of ladders and rescueF: saws.,..havingLbeen read by title only, was laid on the table for two weeks,.or until May 16, 1989. • 16. CONSIDERATION OF AN ORDINANCE AMENDING THE FIRE WORKS ORDINANCE -Gary Vance, Support.Services,Battalion Chief, began the discussion on the.proposed amendment bathe Fire Works Ordinance by- explaining that during the 1989 budget preparation the Fire • Department had. this amendment as one. ofl its major policy, issues.. Those amendments include 1) not allowing anyone under the age of 16 to purchase' fire.. works in the:; City. ofii .Yakima., 21 only;. allowing fire works. to:_.beL ::discharged on .the 4th : of July, from :9 '.a.m.. _• to.;.11i p.m. `.and 3.) limiting _the .sale :'of fire .works to:..June 28th to :..1L.: pm on the 4th of July._Council member Beauchamp asked, what "enforcement problems have been experienced by the police in. other communities which have implemented a similar ordinance? Mr. Vance responded most of the communities used education to inform the citizens of the change made in the ordinance. We expect to do the same, utilizing our Public .Education Officer, Dave Bachmann, and getting the word out to the public through the media. He said a number of flyers would be made available to purchasers at the time of sale. Mr. Vance commented they realize this ordinance is not a panacea and will not -solve the illegal fire works problem, nor the problem of irresponsible people discharging •fire works. Jerry Farley, a lobbyist representing Martha Brown and the organizations AAD /3 5 2 MAY 2, 1989 that sell fire works, stated he is convinced that the ordinance is illegal. He said it is in conflict with State - law and, therefore, cannot be enacted. He continued that nearby Indian stands sell all kinds of fire works. that are not legal under State law or any local ordinance. He expressed his opinion that this ordinance penalizes the :people who want to work with the . City to address the problem, the ones .that .sell legal .fire works. He emphasized has this ordinance,is not going to solve the problem .of illegal .sales and irresponsible use. He said if Yakima is,.prepared to enter. into a partnership with the organization and the company he represents something can be done about. the problem. He is convinced that public education is the way to solve the issue but'it will not be . eliminated as long.as there are 20 or 30 Federal reservations in the .State of Washington. close. to major. population centers that are . .exempt ..from Washington law...He referenced , the: cities where this ordinance has already been enacted,_ stating things .have not improved.. He_ reiterated that in his opinion, the ordinances are illegal, and a lawsuit is underway against the Edmonds ordinance. He stressed.. the. way to solve this problem is to develop a partnership between the fire works industry, local, State, Federal officials,. and. the enforcement • people to educate the public in what is, the legal, proper,.: and safe•.use, and to •supervise_ their children. .Council member Foy. mentioned, this item was thoroughly discussed in October of 1988 during the budget preparation and asked where. the fire works organizations were at that time. Mr. Farley ..stated he. couldn't answer the ' question. but was . prepared to see that the program is delivered, which will. include safety messages at the stands, 'and to work with the Fire .Department to see . that public .safety announcements are made available for radio, television, and newspapers. He.also stated•that.the major conflict and problem with the ordinance. is limiting. discharge to the 4th of July. Council. member Foy stated he could see no problem, with waiting one to two weeks allowing Mr. Farley to. , meet with the Fire Department to review their proposal of an educational program and a working ,relationship: . :It .Wa MOVED :.:BY '.. BEAUCHAMP SECONDED - BY' • :10 : 'TABLE - THE ORDINANCE FOR: AWO WEEKS .:TO ° GIVE., ,: :STAFF AN : O P P O R T U N I T Y . ' Z O ..;DISCUSS :.::THIS T H E : : " ' - ORGANIZATIONS." ::'Carried . by .:.3 -2 .voice '.vote.., Berndt, and Beauchamp voting nay. Barnett and.Carmichael. absent. 17. OTHER BUSINESS *A.. CONSIDERATION.OF RESOLUTION SMING DATE.OF HEARING ON VACATION OF PUBLIC RIGHT- OF-WAY AT EAST "A" STREET FOR MAY 23, 1989, AS REQUESTED BY THE YAKIMA MALL RESOLUTIO L: N0. `;.:.D- 5569,:: A .RESOLUTION' fixing. the time and place for hearing on a• petition for vacation of public right -of -way in the vicinity of .East "A" Street north of North 4th Street, within the City of Yakima.. Mayor Berndt .gave a reminder that •the next meeting will be held at ..the. Holiday .Inn, where Council, :in conjunction .with' Management .Staff, will be doing some long range strategic planning. B.. EXECUTIVE SESSION REGARDING PERSONNEL AND PENDING LITIGATION It was . MOVED BY` '.BEAIJCHAMP . SECONDED : :BY. "BUCHANAN, Z0; :'^ e ' J:NTO. • EXECUTIVE:.SESSION. =.TO:- DISCUSS' `:PERSONNEL.: AND.; PENDING; .`LITIGATION, '.WITH:_ . IMMEDIATE ADJOURI04121F :1CHEREAF'TER T0 : TYJESSDAY',,:'MAY 9TH'2 T ICONN' AT ':" THE . HOLiDAY• INNS: 'Unanimously_.carriedby voice :vote:. ';Barnett and Carmichael absent. .. . .Information Items: Items of .information. supplied. .to Council were,:. Memo. from Code Administration Manager regarding Business License for Transient • Merchants.. 4/27/89;. Memo from Director. .of Public Works and Traffic Engineer regarding. Monthly. Service Request.. Report for April 1989. 4/27/89.; Memo from Director of Finance & Budget and Budget Analyst regarding.Utili.ty Tax .Ordinance:,Notification of Affected Parties:. 4/27/89; Memo. from Steve Washington State AAD /4 MAY 2, 1989 153 Transit Association, Legislative Bulletin No. 13 regarding SSB 5338 pertaining to motor vehicle excise tax. 4/21/89; Yakima Interurban Lines Association May '89 Newsletter; Agenda for April 26, 1989 Yakima Housing Authority meeting and minutes of its March 1 and March 22, 1989 meetings; and Agenda for April 26, 1989 Yakima District Board of Health meeting and minutes of its March 13.,. 16,.22, 24, 27 and .31, 1989 meetings. 18. ADJOURNMENT Following the-completion of the Executive Session, .the meting was adjourned at. 3:35 P.M. to Tues ay .y 9, 19 - a 12 :00 noon at the Holiday Inn ) eirA READ AND ,CERTIFIED. ACCURATE BY _ NCI 1: 8 • / DATE • • COUNCIL ' ` :ER u ATTEST: CITY CLERK j MAYOR Minutes prepared by Linda Watkins " • • to . a .. .. .... p. i. u . • . . ki ... :.. x ,t... • A tt t I • .1 4 t • • r. AAD /5