HomeMy WebLinkAbout01/12/1988 Business Meeting . • 217
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JANUARY 12, 1988 .
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BUSINESS MEETING
1. ° ROLL 'CALL . ' ' '
The City Council met in session on this date at 4).14.4in the
- . CoUncil Chambers of City Hall, Yakima, Washington. Mayor Pat
Berndt, presiding, Council members Clarence ' Barnett, Henry
Beauchamp, Lynn Buchanan, Lynh Carmichael, JerryFoy arid 'Bernard
Sits present oh roll call. City Manager Zais, City Aitorney)Vanek,
City Clerk Roberts and Deputy City Clerk Toney. also present
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2. INVOCATION
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The Pledge of Allegiance was led by Clarence Barnett. .
3. OPEN DISCUSSION FOR THE'GOOD OF THE ORDER
Mayor Berndt became the first recipient of the City of. Yakima pin
which has recently been re-designed by Code Administration'Manager
Bob"Shampine. '
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Mayor Berndt read a proclamation designating'the week of January
' 17-24, 1988 as "Cerebral Palsy Week" in the City of Yakima.
Council member Beauchamp read a proclamation January 9-18,
1988 was designated "Martin Luther''King;:Jr.'Week" .ih the City of
Yakima.
Mayor Berndt read a proclamation designating January as "National
-, Blood Donor Month" in the . City of Yakima. The ' was
accepted by Alys Means, representative of the Red Cross.
4. CONSENT AGENDA '
Mayor Berndt referred to the items placed on the Consent Agenda,
questionirig whether' there were any additions or 'deletions from
eithet Council members or citizens present. It 'was the general
'consensus of the City Council to add Item No. 13, as requested by
Council member Foy. The City Clerk 'then read the Consent Agenda
items, including resolutions and'ordinances by'title. It.was MOVED
by Carmichael, seconded ;by' Sims, that the Consent Agenda, as
read, be passed. Unanimously ' carried by roll call vote.
(Subsequent paragraphs preceded by an asterisk (*) indicate items
on the Consent Agenda handled under' one motion, without 'further
discussion.)
*5. APPROVAL OF THE MINUTES OF THETOUNCIL MEETINGS OF DECEMBER 1, 8,
9, 15, AND 22, 1987 . .-
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' The Coudcil minutes of December I, 8, 9, 15 and' 1987 were
II/ approved, haVing been duly certified accurate by two Council
members and no one 'present wishing to have 'said' tinutes read
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publicly.
6. AUDIENCE PARTICIPATION
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• Bill Hambelton, 615'§outd" 32nd Avenue, addressed. Council regarding
the removal'of snow and ice frdm city sidewalks.'-Mr. Hambelton
O 'asked who' is responsible for removing snow frondthe sidewalks in
theCehtral Busines District. City Manager 'Zais stated is the
abutting property owner's responsibility to remove snow from the •
sidewalk in'front 'of their property. Mr. Hambelton stated in the
• process of plowing the streets,00theCityOstreet crews have been
pushing the snow back 'onto the sidewalks which have already been
. cleared by property owners. He indicated he has spoken with
' ' Superintendent Del Kary about 'this problem and even though' he (Mr.
Kary) has spoken to the crew members, this is still happening.
'Mr. 'Hambelton asked' what is the- City's legal - liability should a
citizen be injured on sidewalks that have been cleared of snow by
the property owner, but then covered with snow again by City crews
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when they are plowing the streets. City Manager Zais stated if
such a claim were to be made, the outcome would be determined in
court.
John Backstrom, 2600 Western Avenue, Seattle, a representative of
Washington Transit Advertising, asked Council to reconsider their
decision last week allowing other - entities an opportunity to submit
• requests for proposals for advertising on the City's transit buses.
Ha explained that on the basis of- Council's decision November 10,
1987 to accept and approve staff's recommendation of Option 2 b,
(the sale of; advertising space by contract with Washington Transit
Advertising Company, dedicating revenues from the advertising sales
to replace transit advertising funds lost by elimination of the
media trade -out program) his firm has expended over $5,000 for
advertising purposes. Mr. Backstrom stated since that time,
Washington Transit Advertising staff has been working with Yakima
Transit staff regarding contract negotiations with the intent of
submitting the contract for Council approval. He asked for
clarification of Council's decision last week to request proposals
for transit advertising: He stated, in view the action, taken by
-, Council- on November 10th approving staff's recommendation, and
subsequent action taken by Yakima Transit staff,. he was of the
impression that Washington Transit Advertising had been hired for
, purposes. Council member. Foy stated he made the motion
to .ask for RFP's relating to this issue because a local agency had
contacted him and expressed an interest in submitting a bid for
transit advertising. He stated, to his knowledge, the_ City has had
no contact from this individual -in reference to this .issue.
Following further discussion on this matter, it was MOVED by Foy,
seconded by Carmichael, to send out the invitation for transit
advertising with a- •deadline date of.January 30th, and have staff
evaluate and :present those at the.foliowing Council meeting on
. February 2, 1988. Unanimously carried by voice vote. • .
A. APPEARANCE BY ROBERT MAY REGARDING PETITION PERTAINING ,TO
AIRPORT /AIRCRAFT NOISE
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Robert May, 1411 South 5th Avenue, addressed Council regarding the •
• - military aircraft usage of the Yakima Airfield for "touch and go"
exercises. He ,submitted a petition and a memorandum:.expressing
concern with-military aircraft flying-over populated areas and the
issue of safety. He 'suggested the military aircraft use the 9/27
runway rather than the 4/22 runway.. He stated use of the 9/27
runway will eliminate the problem by taking the aircraft clear of
the populated area. Following, further discussion, it was MOVED
Carmichael, seconded by Beauchamp, to refer the petition_ presented
by Mr. May to the Airport Board for their review and
recommendation back to the City Council and to the County
Commissioners. Unanimously carried by voice vote. Council member
Barnett recognized Don Larson and asked him to comment on this
matter. Don Larson, 4310 Snow Mountain Road, stated he was in the
helicopter business for over thirty -five .years at the Yakima Air
Terminal, has. flown over 114,000 hours since 1950 without landing
in anyone's.bedroom or on their lawn, and therefore, challenges Mr.
May's thinking regarding safety. He stated national statistics on
helicopter safety indicate it is seven times safer than driving
your own car. Mr. Larson stated FAA has set standards for
helicopters at 500 feet, and a level of three feet above the trees
for agricultural purposes.-Sue Willoughby, 715 Meadowbrook Road,
stated she has been involved in trying to resolve the -noise problem
from the , military aircraft for over five years now,. and unless a
solution is found, there will be' more citizens coming before the
City Council about this. She .commended Mr -. for coming before
the Council; about .the, safety issue. Mrs Willoughby indicated
she owns rental property in the -subject area and stated property
values are being affected because no one wants to purchase. property
intthat area due to the noise emanating from the military aircraft
doing touch and go landings day long. She suggested Council
spend some time in that area, •or appoint a representative to the
Yakima Air Terminal Board who lives in the area -where the aircraft
is affecting the populace. -
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JANUARY 12, 1988 219
.7. • P.UBLIC HEARING FOR CONSIDERATION OF TERMINATION OF THE,
ANNEXATION PETITION . .
This, .-being :, the ; time set ,• for, the -publ-ic hearing on the - termination
• of, the,Eastside Annexation Petition No. 1058, Planning Manager Don
,; Skone reviewed - ;the -summary explanation on the: agenda cover sheet
and gave a: brief history of .the, annexation attempt;. He stated on
December 15, 1987• staff reported • to• Council that only„ 60% of the
value of the area had been obtained for annexation, while 75% is
required for annexation. He stated approximately 14% of those
citizens who have signed outside utility agreements have refused to
sign annexation petitions and it is doubtful they will do so. On
December 15th staff presented three alternatives :to the City
Council and it was Council! s decision. to •'proceed • with . Alternative
C, the phased.; annexation approach. Mr. Skone stated the purpose
of today's meeting is to .take public testimony from, interested
parties and then determine if Council still desires to proceed with
the phased annexation approach. He stated if :'Council elects to
continue: with the previous direction, it will beinecessary for them
to :reject the current annexation petition and direct .staff to
prepare two new petitions, one 'for Phase I• and . one for ,Phase II.
Council member Carmichael asked, if this would have to be.presented
to ,the Boundary Review Board• again and ,Mr. Skone responded that
will not be necessary. :Council member Beauchamp -stated -with the
implementation, of ,Phase- I, the revenue used to :•support the fire
district will be deleted, . and: 'questioned the City's :ability to
,.• provide ,adequate -fire protection to that area. Mr. Skone stated
Phase I will ; take. approximately •36 ;:of the- fire district's; revenue
base thus. effecting its ability to . provide fire protection, service.
, -However, Fire:. Station. No. 5 will „be: utilized under the current
mutual aid agreement. Councii 'member Carmichael asked -about the
timeframe involved. in; :implementing Phase -II of the annexation. Mr.
Skone stated both petitions-will :be ,issued at the same time :and the
citizens will be :given ample ..time,:to submit their petition, and
then staff will review, the. options once ;• the signed, petitions are
•returned . to: the City. Mayor Berndt opened, the :public hearing for
testimony. at .this time. Jim Carson, , 1519 1/2',-'.East. •.Nob Hill
_Boulevard, spoke against the annexation. stating the City,_Itax is
higher ,than the current County tax,, and the City cannot give
adequate fire protection because they ;are not properly equipped and
are unfamiliar: with the area. Jack, Rought, 621 .Fair Avenue, spoke
in support of the annexation. •;He stated his' wife timed the
response of the fire district to a' recent call and it had taken 11
- minutesfor the Fire. Chief to respond, and 18 'minutes for Fairview
11 to 'respond, He-stated that is too long and added he is : sure the
Yakima Fire trucks will be able to maneuver in that area.° Verna
Beggs, 1204 East Spruce, spoke - .in support of the annexation,
stating many, :of the citizens have been misinformed- about this
situation and then spoke : about sane of the - advantages-:to the
annexation., She stated their' outside utility billings' will be
reduced by 1/3, , fire insurance : coverage will be cheaper, and area
residents will be eligible for grants that are unavailable for
, , County. residents. - Mrs.: Carson, 1519 4/2., Nob -Hill Boulevard,
spoke in opposition to the annexation, stating the -truck at
Fire Stati: 5 . County . d ' • for, mutual
aid: She s tated No i would. is a Coun
be ; impo ssible truck an
: to. is get used that t do the
, streets,in that area, and : the, City's trucks will, not be able to get
• beyond the bottleneck •on,: 2nd ;Street,- not to mention.-the narrow and
• dead -end; streets in • that area.' She stated they have the :best fire
•protection right now than _they .will ever, <get from the , City.- County
Commissioner Chuck, Klarich, ;Rt .1r Box 1060, Granger,:, Washington,
addressed - Council stating , he. has been involved , in - this .. annexation
process :from the very beginning. He urged Council to continue with
the annexation, .. however,.. stated he would like to see both areas
annexed simultaneously. He stated in Phase .I the •City swill be
taking away $200,000. fram. the County in the form, of . sales tax
revenue, but .the, County,, will still be :,• required s. -provide law
enforcement coverage -for Phase II.. •. -Mr . Klarich : also informed
• Council that residents of that area had, voted in a levy to purchase
a new •vehicle.. for Fire District 13 and if ,Council should 'decide to
: implement the: phased annexation approach and take away its revenue,
the Fire District might be faced with turning the truck back, due to
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lack of funds • to pay for it. He stated he supports the annexation,
but would like the area to be annexed simultaneously. Verna Beggs
commented the fire truck was paid for a number of years ago, and
she recently paid off the balance owed on the'new portion of the
building. She added Fire District #13 has no outstanding debts
other than• necessary to function as a fire district.
Following further discussion,' the question was called for a vote on
the motion. Unanimously carried.by voice vote.`
8. REVIEW OF TRADE STIMULANT OPERATORS'' REPORT REGARDING GAMBLING
ACTIVITIES
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City Manager Zais stated staff 'has'no further comments to make at
•. time and yielded to- , remarks from-. the Trade Stimulant
— Operators: , Gary McClenaghan, 206 South 3rd 'Avenue, distributed a
handout illustrating the breakdown of taxes :paid for money boards
and merchandise. He indicated this'should have been provided in
the information packet to Council, but was overlooked. Mr.
• : McClenaghan informed Council that staff had requested the employee
- - wages' not be incluaed this information; and for that reason,
this is not a true representation of the Trade Stimulant Operator's
costs. Council member Barnett commented he does not think' Council
has comparable figures with which to work and Mr. McClenaghan
stated that is correct; however; the figures for the City of Yakima
are comparable to those of County. Mr.''''McClenaghan stated
' he would like to point out' the• difference in supplies that staff
did not point out. - He stated the - state average is 8 %_ and we show
• that we pay 12% for supplies. He stated the for this is
that the TSO's are constantly aware of the 5% of gross sales which
• .must be paid to the:City.'Mr. McClenaghan stated' the prizes are
pulled as soon ias possible and - gave the following example: On
January 11, 1988 he had two pull tabs' winders for 'a total of
$1000.72 of which the tax on that was $53.64; the cost of
the two pull tabs was $72.15; he took in $116.75 showing a loss of
$9.04. He stated this is not typical, however,'•it does happen, so
the TSO's must be aware of the 5% sales tax due the
' City. Council member Barnett referred to Page 2 of Mr.
McClehaghan's report in which he refers to the State Attorney
General's' on the use of gambling tax monies and asked for
his interpretation of the definition of the' word "primary" when
used in the context that taxes collected should be used primarily
• for the purposes of enforcing - gambling :laws. Mr. McClehaghan
stated he believes that 51%, or . around that figure should be used
for law enforcement. - Discussion continued on this 'issue and
_ Council member Foy asked if Yakima is the only city being asked to
reduce this tax. Mr.:McClenaghan stated Pierce County arid Spokane
-are.-currently in negotiations, and 'Walla Walla, Olympia and
Thurston County have just reduced their gambling tax: Council
- member Carmichael stated the majority of the cities on the west
side of the state have a B &O (Business and Occupational) tax
which the City' of Yakima does not' have. -She stated 'revenue
received from the the B &O tax makes it easier for them to reduce
the gambling ' tax. - 'Following further discussion, it was MOVED by
Carmichael, seconded by Beauchamp, to establish a Committee of the
Council, numbering three, with the appropriate staff to meet with
the delegation of the Trade Stimulant Operators, hopefully a small
group so that it could be of working capacity, with the proviso
that there will beino press conferences and public leakage of
' information until - you have had -a chance - to resolve what you think
you earl, if you can, you are going to be able to resolve
something, and bring a report back 'to 'us: Following further
discussion on the purpose and legality of this 'committee, it was
the general: consensus of•the Council that this 'Committee will
function - just like any other 'Committee of the Council, with the
' meetings being open to the news media and public if to requested.
The question was called for a vote on the motion. Unanimously
carried by voice vote. Mr. McClenaghan then requested, as a show
of good faith, 'that - Council consider rolling back the -tax for the
last quarter of 1987'. He stated the City will - receive close to
$300,000 in gambling tax for 1987. Council member Beauchamp stated
perhaps this could be a part *of the deliberation between the
Council Committee, staff and the delegation of the Stimulant
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- Operators. "It - 'was the Aeheral " of ' the Council - that the
Council Committee -Will - Consist - of - Mayor Berndt;: +Council member
'Beauchamp' - and Council member - Sims: Mr McClenaghan .stated; he would
notify - City' Manager of 'the names of..the de'legates the
. TSO's. -iCity Manager Zais indicated - 11&"administrative' secretary
will coordinate the meeting and notify those affected:
*9 CONS OF 'RESOLUTION AUTHORIZING`EXECUTION+OF MODIFICATION
TO THE LEASE" AGREEMENT' FOR RESIDENCE' AT' OAK FLATS
RESOLUTION NO. D -5424, A RESOLUTION authorizing the City Manager -to
execute a lease agreement modification with Charles Mathew Bagley
and'Nancy Lynn Frechette- Bagley regarding -property'at'
T'
*10: - CONSIDERATION 'OF' RESOLUTION ` AUTHORIZING EXECUTION ' CANAL
CROSSING AGREEMENT WITH THE YAKIMA VALLEY CANAL COMPANY' "T
RESOLUTION NO. D -5425, A RESOLUTION authorizing and directing the
City Manager and City.. Clerk- of the.City of Yakima" to execute a
Canal Crossing Agreement with the Yakima Valley Canal Company. •
*11. CONSIDERATION OF RESOLUTION ADOPTING A SCHEDULE OF FEES FOR PARKS
. _. AND_RECREATION ACTIVITIES...._ -
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RESOLUTION NO. D -5426, A RESOLUTION adopting a schedule of fees for
recreational activities of the City of',Yakima Department of Public
Works, Division of Parks'and Recreation;, r.
*12. REPORT FROM THE SAFETY COMMITTEE REGARDING FOURTH QUARTER 1987
VEHICLE ACCIDENT REVIEW STATUS
The report from the Safety Committee •regarding the Fourth Quarter
1987 Vehicle Accident Review Status, was accepted.
*13. REPORT FROM FIRE DEPARTMENT REGARDING CONSIDERATION OF AN ORDINANCE
APPROPRIATING FUNDS FOR PROPOSED RADIO SYSTEM IMPROVEMENTS FOR CITY
FACILITIES (FIRST READING)
An ordinance amending the 1988 budget for the City of Yakima and
appropriating funds for the proposed radio system improvements
having been read by title only at this meeting, was laid on the
table for one week, or until January 19, 1988.
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*14. CONSIDERATION OF AN ORDINANCE INCREASING FEES FOR CEMETERY LOTS
(CONTINUED FROM DECEMBER 22, 1987)
ORDINANCE NO. 3074, AN ORDINANCE related to public services and
utilities; amending rules and regulations for Tahana Cemetery; and
amending Section 7.04.090 of the City of Yakima Municipal Code.
*15. CONSIDERATION OF AN ORDINANCE REPEALING MUNICIPAL CODE CHAPTER 6.84
AND ENACTING A NEW CHAPTER REGULATING VEHICLE IMPOUNDMENT
ORDINANCE NO. 3075, AN ORDINANCE relating to traffic; regulating
vehicle impoundment; exercising municipal powers in accord with RCW
Chapter 46.55;, repealing Chapter 6.84 of the City of Yakima
Municipal Code and all its sections; amending subsection B of
section 9.46.020 of the City of Yakima Municipal Code; and enacting
Chapter 9.48 "Vehicle Impounds" as a new chapter and sections
thereof of the City of Yakima Municipal Code.
16. OTHER BUSINESS
Prior to adjournment, City Manager Zais reminded Council of their
meeting with Congressman Sid Morrison tomorrow at 1:00 p.m.
Information Items:
Items of 'information supplied to Council were: Fulfilling The
Dream January 1988 calendar commemorating Martin Luther King, Jr.;
Letter to James Williamson, Yakima Softball Assn., regarding
notification of contractual non - performance. 1/5/88; Letter to
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Richard Anderwald, Yakima County Planning Department regarding Ag-
Plex Environmental Review - EIS Scoping. 1/12/88; In,,Our Scope
newsletter from New Vision, January 1988; Memorandum from City
Attorney regarding Damage Claims Referred to Insurance Company.
1/7/88; Permit Center Monthly Report -for; December, 1987; . 1987
Community Development Block Grant Monthly Report for. December 1987;
Minority Business Monthly Report for December 1987; Legal
, Department Monthly Report for December 1987; and Minutes of the
December 3, 1987 Civil Service Commission meeting.
17. ADJOURNMENT
There being no further business to come before the Council, it was
MOVED by Foy, seconded by Buchanan, that this meeting be adjourned
at the hour of 4:25 P.M. to tomorrow at 1:00 P.M. for the meeting
at Sid Morrison's office. Unanimously carried by voice vote.
READ AND CERTIFIED ACCURATE B i /tL�
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CO 7 L MEMB R _ DATE
ATTEST: � I L MEMBER / DA
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(;?az KAREN S. ROBERTS, CITY CLERK PATRICIA A. BE MAYOR
MINUTES PREPARED BY ,_Cga1J
BARBARA; J. TONEY, EPUTY CITY,CLERK
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