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HomeMy WebLinkAbout05/10/1988 Business Meeting 3s MAY 10, 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, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Department Assistant Barber also present. 2. INVOCATION • The Pledge of Allegiance was led by Council. member Buchanan. -/ * 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt read a proclamation on behalf of the Yakima Visitors • and Convention Bureau, designating the week of May 15th as "Yakima Tourism Week ". Mr. Gary Myhre from .KMWX Radio was present to accept the proclamation. Mr. read.a pledge to deputize the Council members, as Kathy Coffey, Manager , of the Yakima Center, handed out badges. Mayor Berndt read a proclamation on behalf of the Senior Citizens Center, designating the month of May as "Older American Month ". Margaret Keys and Ray Lundberg were present to accept the proclamation and. invited the City Council members to visit the Center. Mayor Berndt reported this is "National Nursing Home Week ". • Mayor Berndt gave a special distinguished service award and recognition to Ewell Boone, Jr., a 12 year veteran of the Yakima Police Reserves from 1969 -1974 and 1980 to the current time. Mr. Boone's troop also presented him,with a plaque from the Yakima Police Reserves. Mayor Berndt gave a brief report on the May 7th drug march and rally, which the'community supported. Mayor Berndt stated the Tree Top Bicycle Race surpassed expectations and was a, success because of the cooperation between Tree Top and the City Parks Division. • Mayor Berndt extended a compliment to the Parks Division, saying she got a call from a citizen commending the maintenance in the City Parks. • Council member Carmichael gave an update on the State Centennial Games Committee activities. She stated the Committee will submit a letter for the regional playoff for winter and summer and re- submit a bid for the 1990 games to be held in Yakima. Council member Barnett requested the City Manager. have staff contact him regarding the timeframe for finishing the clean -up program for the area west of 16th Avenue and south of Tieton Drive. 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. It was the consensus of the Council that Items Nos. 8 and 9 be added, as requested by Council member Barnett. 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. AAD /1 .11 MAY -1O;1988 (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. AUDIENCE PARTICIPATION None. 6. PUBLIC HEARING REGARDING EASTSIDE ANNEXATION, PHASE I (CONTINUED FROM APRIL 19, 1988) This being the time set for a hearing regarding Phase I of the • Eastside Annexation, Don Skone, Planning Manager, was present to answer questions regarding the Annexation Petition No. 1068 for Phase I of the proposed Eastside Annexation. He stated ten year ago the City granted a four year moratorium from annexing this area to allow :the County to receive property taxes to pay for road improvements in that area. He stated property owners of 75 percent of the assessed valuation has signed the annexation petition. He stated following the public hearing on the petition, the Council may take action on the proposed annexation today. Jim Carson, 1519 1/2 East Nob Hill Boulevard, spoke in opposition to the annexation.. He stated he does not believe in it and the . City can't afford it. He thanked Council member Beauchamp for supporting the Fire Department which they will lose. There being no other citizen present wishing to address this issue the hearing was closed. Ordinance No. 3096 having been read by title, it was MOVED by Foy, seconded by Sims, that the Ordinance be passed. Unanimously carried by roll call vote. ORDINANCE NO. 3096, AN ORDINANCE annexing property to the City of Yakima and zoning said property. 7. REPORT FROM ENGINEERING AND UTILITIES DEPARTMENT REGARDING 8TH STREET AND YAKIMA AVENUE INTERSECTION PROJECT Dennis Covell, Director of Engineering .and Utilities, explained(, this item is to secure a grant from the State to upgrade the Yakima Avenue /8th Street intersection. Council member Foy expressed concern regarding the entire configuration of the 8th Street /Yakima Avenue intersection. He asked if there is another part to the CBD study that is strictly relating to traffic? He expressed concern about delaying the improvement of this intersection. Glenn Rice, Director of and Economic Development, responded there have been two drafts being prepared on traffic and parking and they have not been finalized yet. Council member Foy asked if • there is anything in the two drafts that would prevent the improvements to that intersection from happening? Dennis Covell, Director of Engineering and Utilities, stated there are a couple of alternatives for improving that intersection. He stated the recommendation for removing the pedestrian safety area is the biggest question and what kind of controller is needed. Council member Foy asked Mr. Rice if a part of that study can be brought to the forefront so Mr. Covell can make a reasonable decision on a . controller, since the City is getting $75,000 to do signalization, so we can get this done in 1988? Council member Foy asked if staff will be able to have the whole issue in the next 60 days to Council and Mr. Rice responded, "No "; he and Mr. Covell need to make adjustments and gather facts.. Council member Foy asked staff to do that and bring it back to the Council. Resolution No. D -5453 having been read by title, it was MOVED by Buchanan, seconded by Foy, that the Resolution be adopted. Unanimously carried by roll call vote. RESOLUTION NO. D -5453, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with the State of Washington, Department of Transportation for partial reimbursement of costs for improvements to the 8th Street and Yakima Avenue Intersection. • AAD /2 347 • MAY10 -1988 • • • *8. PRESENTATION OF FIRE DEPARTMENT 1987. ANNUAL REPORT . , . The 1987 Annual Report fram,the Fire Department was accepted and • approved. • 4 • ' • • ' *9. REPORT WORKS, EQUIPMENT RENTAL AND REFUSE DIVISIONS, REGARDING REPLACEMENT NEEDS FOR REFUSE PACKER.: • .. The report asking Council . to approve the mid-year purchase of two side loader refuse trucks from Public Works, Equipment Rental, and Refuse Divisions was accepted and approved... * 10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT OF • UNDERSTANDING TO .THE FIREFIGHTERS AGREEMENT -REGARDING-SPECIAL-PAY FOR•FIREFIGHTER:INVESTIGATIVE DUTY RESOLUTION NO. D-5454, A RESOLUTION authorizing ,the execution of a memorandum of agreement for Firefighter'-s special.pay'for fire investigation duty with Local 469, International Association of Firefighters, AFL-CIO. • . . * 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION' OF A WORK EXPERIENCE AGREEMENT WITH WASHINGTON.STATE SECURITY • . . RESOLUTION NO. D-5455, ATESOLUTION.authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Work Experience Agreement with the State of Washington Employment • Security Department, - anci2a , Memorandum 'Of 5of., Trainee Participation in the WIN.Program with the trainee. *12. REPORTSJ-FROM 'DEPARTMENT. OF FINANCE AND,BUCGET:. - ,„ , • A. FIRST QUARTER 1988 BUDGET REPORT .(ACCEPT.REPORT.)' • • The First Quarter 1988 Budget Report regarding revenues and expenditures, was accepted and approved. FIRSTAXIARTER:1988 BILLING .REPORT (ACCEPT REPORT) . , . The,First Quarter 1988 Central Billing Report was accepted:. C. FIRST:QUARTER 1988 INSURANCE CLAIMS REPORT (ACCEPT REPORT) The:First.Quarter1988 Insurance Claims Report was accepted. 13. . CONSIDERATION. OF AN ORDINANCE PROHIBITING LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG RELATED ACTIVITY •.• • . . , • - City Manager Zais acknowledged the efforts : by Police sergeant Doug Bronson and. City -Prosecutor:- Bob- Bounds for initiating this • . ordinance.jMr.,Bounds commented on-the circumstancesJ.whichiled to , the writing of this ordinance, stating Sergeant Bronson, following one of the drug marches-,,,ccmmented he wished there was an ordinance ,aboutloitering..for drug:,purposes, similar to:Joitering for • prostitution, Mr. Bounds explained Subsection li:j_n A s the "charging", portion an refers to loitering for a specific .'. purpose- and conduct that mill convince an: officer. that :illegal activity is taking place in the, field. Jle stated_ Subsection B states no arrest can be made without giving the individual an opportunity-to -explain -,the conductie stated SUbsection C . gives-guidelines for: circumstances that the officer may consider as • evincing ',the illegal purpose from theJ conduct- observed. Council member„ Beauchamp stated he. supports this ordinance, however, he doesnot want to be part of) an ordinance .that may harass the Chief.Green stated.right:<ncw the:City does.not have the legal authority to confront drug runners. He stated none of the officers will utilitze this ordinance unless-..they have • attended special classes given by the PoliceDepartment Chief Green stated this ordinance is a double edged sword in that it is also to be used to create &paranoia for the drug users. Council members Carmichael and Foy expressed support for the ordinance. Council member Barnett expressed some reservations- regarding Item AAD/3 348 MAY C (2), the two year period, however,' he stated he'plans to'support this ordinance. Council member Beauchamp stated he is for cleaning up the drug problem in Yakima, however, he does not want:to see the ordinance become a tool of harassment. Mr. Bounds stated Yakima has had on the books a law for loitering for the purposes of prostitution and he would guess it has been used less than 50 times. Ordinance No. 3097 having been read by' title, it'was MOVED by Carmichael, seconded by Foy, that the ordinance be passed. Unanimously•carried by roll call vote..-Council member Beauchamp stated he voted aye, however, he wished' it• reflected in the record he did so with reservations expressed. ORDINANCE NO.' 3097, AN' ORDINANCE relating to public safety and morals; prohibiting loitering for the purpose of engaging in drug - related ' activity; ' limiting arrests therefore;, ' enumerating circumstances that may be considered as manifesting such purpose; enacting Section 6.04.540 of the City of Yakima'Municipal Code; and declaring 'an' emergency. - - • *14. CONSIDERATION OF AN ORDINANCE AMENDING THE - 1988 'BUDGET AND APPROPRIATING FUNDS FOR RETIREMENT BENEFITS (FIRST READING) An Ordinance amending the 1988 Budget and appropriating funds for retirement benefits having been read by title only , was laid on the table• for one week, or until May 17, 1988. • - *15. CONSIDERATION' OF AN •ORDINANCE AMENDING THE 1988- BUDGET AND APPROPRIATING FUNDS FOR LEGAL COSTS FOR WASTEWATER TREATMENT PLANT • LITIGATION (FIRST READING) An Ordinance amending -the 1988 Budget and appropriating funds for legal costs for Wastewater Treatment Plant litigation having been read by title .only, was laid on the table for one week, or until May 17, 1988. 16. OTHER BUSINESS . • Mayor Berndt gave a brief update on the activities of the Coalition on War Against Drugs. She stated there is still an opening for a Director'.of the Yakima Coalition 'For War On Drugs and the inter - local agreement is nearing completion. She mentioned the conference sponsored by this Committee which will be held May 18, 1988. She stated Governor Gardner indicated he will be available in the afternoon. She stated a "sizable donation was received from Valley Ford and Valley Toyota. Council member Barnett mentioned Governor Booth Gardner's Washington State Governor's Alliance Against Drugs meets May 18, 1988 in Yakima, at the same - time. Council member Foy stated a "Leadership Conference" at A. C. Davis High School is planned for students and also a "Media Day" is planned! that' 'day. Mayor Berndt stated if people are 'really interested helping solve the drug problem she would like -to see .. them at the Conference May 18th. City Manager Zais'stated there is an-inter-local agreement that has been drafted by the City,'County, and'School•Distri'ct and we need to get that before the City Council within .the next to weeks so we 'can proceed with the commitments of resources and assistance. He stated once the budget is finalized for this, the City's budget will have to be amended since the City will be the fiduciary agent. Council member Buchanan asked if the -letter in'the packet from Halverson, '.Applegate regarding 'sidewalks,: etc: by the freeway should be referred- the State DOT? Glenn Rice, Director of • Community andf Economic Development, stated Mr. Wright was just making the - City' aware' of. concerns about the' vehicular and pedestrian hazard at the I -82 and Yakima Avenue intersection._ Council Information Items of information supplied to Council were: Registration form for May , 18, 1988 - "Together We Draw The Line" conference sponsored by the Yakima County Wide Coalition For The War On Drugs; News Release from .Transit Division, "Yakima Transit Provides'Shuttlebus AAD /4 349 MAY=10 1988 to May 7th Anti-Drug March." 5/5/88; Letter to City of Union Gap regarding Increased Monthly Billings For the Hide Plant. 5/2/88; Memo, from the City Attorney regarding Damage Claims Referred to Insurance Company. 5/4/88; Letter 'from Moody's Investors Service regarding Moody's Municipal Credit Report. 4/29/88; Newsletter frcm PSA, "Report To Municipal Bond Issuers". 3/29/88; and Yakima Valley URI/Safety Belt Task Force FY 1986-1987 Year-End Report; 4/29/88. . • . 17. EXECUTIVE SESION'kEGARDING PROSPECTIVE LITIGATION' It was MOVED by Carmichael, seconded by Buchanan, ' to move intO Session for approximately y' 15 mihutet, to be by immediate adjournment. Unanimously carried by voice vote. 18. ADJOURNMENT Following the completion of the Executive Session, the meeting was . - adjourned at the hour of 3:40 p.m. _ i/ / READ A&D CERTIFIED ACCURATE BYA 4 i,,_ C• R DATE ki‘ COUNCIL MEMBER , - _ - DATE* ATTEST: '<CU KAREN S. ROBERTS, CITY CLERK, CMC PATRIC A. MAYOR MINUTES PREPARED BY 0 IRENE R:'BARBER, DEpARTMENT, ASSISTANT • . _ . _• . _ . . . _ AAD/5