Loading...
HomeMy WebLinkAbout01/12/1988 Business Meeting . • 217 . . JANUARY 12, 1988 . - , 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 II/ . 2. INVOCATION , . , -, 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. ' . , 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 . .- . - . , . , . ' 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 • , -• . publicly. 6. AUDIENCE PARTICIPATION ' . • 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 AAD/1 21 8 JANUARY 12, 1988 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 • 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. - AAD /2 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 AAD /3 220 JANUARY 12, 1988 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 • 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 AAD /4 • JANUARY 12, 1988 221 • - 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...._ - t,I 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. • *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 AAD /5 222 JANUARY 12, 1988 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� � � , f . • CO 7 L MEMB R _ DATE ATTEST: � I L MEMBER / DA • (;?az KAREN S. ROBERTS, CITY CLERK PATRICIA A. BE MAYOR MINUTES PREPARED BY ,_Cga1J BARBARA; J. TONEY, EPUTY CITY,CLERK • • • • • • • • AAD /6