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