HomeMy WebLinkAbout04/10/1984 Study Session264
APRIL 10, 1984
STUDY SESSION
The City Council met in session on this date at 6:30 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael
and Jack Sparling. Council member W. K. "Pete" Moore absent and
excused.
1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Council member Carmichael stated that the Department of Public
Works has funding carried over from their 1983 budget and
suggested that $15,000 be put toward replacement of sidewalks
within the city, with the homeowners matching half the cost.
Council member Beauchamp thought this was a good idea if the
property. owners are willing to pay. their_ share. Council
member Carmichael requested staff bring back information on
how many feet of sidewalks at that length could be replaced
for this amount of money. Mayor Barnett requested staff bring
information back to Council regarding this proposal at their
earliest time.
Council member Sparling stated he had received a complaint
about the condition of the parking lots in the downtown area.
He stated he understood it is the responsibility of Diamond
Parking to maintain the lots. City Manager Zais stated he has
had recent discussions with Diamond regarding this situation,
as well as the lights in the area, and they had indicated last
week they would be taking care of the situation.
2. RECONSIDERATION OF SOUTHEAST COMMUNITY CENTER REQUEST FOR EXEMPTION
FROM CITY GAMBLING TAX
John Hanson, Director of Finance & Budget, reviewed the staff
report and information requested by Council. Council member
Carmichael stated, for point of clarification, Council had
requested to know how much are they required to pay as a
minimum of gross receipts in prizes. Mr. Hanson stated there
is no minimum requirement, it is a maximum requirement that
they pay out of their gross receipts and it is a graduated
scale. He commented that the State is more concerned about a
maximum amount than a minimum amount. He stated according to
figures supplied by Southeast Community Center, in 1983 they
paid out 80% on 1.1 million. Cecil Collins, Director of the
Southeast Community Center, stated the Gambling Commission has
just determined that 80% would be the maximum amount paid out
by their organization. He stated he would like for Council to
base their decision on the need for the delivery of services
rather than Southeast Community Center being exempt from
paying into the General Fund. He stated it is not their
intent in making this request, just to be let off the hook.
He commented that it is difficult for the Center to operate
their programs when other competing organizations are exempt
from paying this tax. Council member Carmichael stated there
are other organizations which pay the tax and also offer
services to the canmunity such as the YWCA, the Eagles, etc.,
and based on the presentation Mr. Collins made, she has a real
dilemma in exempting the Southeast Community Center from
paying the tax. Mr. Collins stated he has no way of knowing
Who pays the tax and who does not. He added he had hoped this
would be a part of staff's report, but this information was
not included. He further stated that the YWCA is not
City -owned as is their facility, and the Center actually has a
contract with the City to provide services for the canmunity
such as they are currently doing. He feels this aspect sets
them apart from the other organizations, and therefore, the
Center should be exempt from paying the tax. It was MOVED by
Sperling, seconded by Buchanan to move the request down to the
Business portion of the meeting under Item No. 7a and continue
the discussion at that point in the agenda. Carried by 4-1
voice vote. Doty voting nay. Beauchamp abstaining due to
possible conflict of interest. Mbore absent.
APRIL 10, 1984
SESSION
265
It was MOVED by Buchanan, seconded by Sparling to move into
Executive Session for the purpose of discussing collective
bargaining and prospective litigation. Unanimously carried by
voice vote. Beauchamp tempbrarily absent. Mbbre absent.
BUSINESS MEETING
4. ROLL CALL
At 7:30 p.m., the Council members commenced the regular
meeting, Mayor Barnett presiding, Council members Beauchamp,
Buchanan, Carmichael, Doty and Sparling and City Manager Zais
and City Attorney Andrews present on roll call. Council
member Moore absent and excused.
5. INVOCATION
,The Pledge of Allegiance was led by Mayor Barnett.
6. CONSENT AGENDA
Mayor Barnett referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
City Manager Zais requested Items Nos. 15a and 15b be removed
from the Consent Agenda to discuss a chane in the date of
hearing. Council member Carmichael requested Item No. 18 be
added to the Consent Agenda. It was the general consensus of
the Council that the deletion of Items Nbs. 15a and b and the
addition of Item No. 18, as requested, be made. The City
Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED by
Carmichael, seconded by Doty that the Consent Agenda, as read,
be passed. Unanimously carried by roll. call vote. Moore
absent. (Subsequent paragraphs preceded by an asterisk (*)
indicate items on the Consent Agenda handled under one motion
Without further discussion.
7. CURRENT STUDY SESSION ITEMS
a. Item No. 2
Sister. Janice Burke, Superintendent of Schools for the
Catholic Diocese of Yakima, speaking on behalf of St.
Joseph's, St. Paul's Grade School and Carroll High School
thanked the Council for their action of May 2, 1977 which
exempted school activities from the gambling tax liability.
She stated that the initial request was brought to Council by
high school students. She stated she wanted to go on record
as being in favor of the continued amendment for both public
and private schools. , Jim Statler, representing the Yakima
City PTSA, stated he Was not present to pass judgement as to
Wham should and should not be exempt, but encouraged Council
to continue exempting the school activities, as all the monies
received frau these fund raising efforts, goes back to the
schools, and the students are the beneficiaries. Dan Organ,
Administrative Assistant to the Yakima School District,
encouraged council to continue the exemption for educational
institutions. He stated many of the organizations such as
PTA, Booster Clubs, Band Parents Clubs, etc., depend on these
fund raisers for financial support to, supplement students
curricular activites, to purchase computers, audio visual
equipment, library books, etc. and also to supplement student
extra -curricular activities such as band trips, playground and
athletic equipment. He stated the students also use
carnivals, raffles anl like methods to support their
activities. He added that if this exemption is rescinded, the
students will have to resort to door-to-door solicitation for
support of their activities. Thirdly, he stated that many
private schools depend on raffles, bingo, casino nights, etc.,
as significant revenue sources and are considered colleagues
rather than competitiors. He stated if these activities were
266
APRIL 10, 1984
to be taxed the students would be the ones to suffer. Council
member Beauchamp commented that the amusement games, such as
the video games, is one of the largest industries going now,
and wanted to know why they are only taxed 2%. It was pointed
out that this does not fall under gambling, but under the
amusement tax which is separate from the gambling tax. City
Manager Zais indicated Council is essentially dealing with two
issues, one is the request from Southeast Community Center and
the other was proposed by Council member Mbore to reconsider
whether or not there should be any exemptions. Mr. Zais
stated that Council member Moore was in support of this
amendment at one time, but his view has since changed and he
does not agree that any exemptions should be maintained. Be
pointed out that these are really two separate issues and
should be dealt with as such. After further discussion on the
issue by Cbuncil, it was MOVED by Carmichael, seconded by
Buchanan that the request for Southeast Community Center to be
exempt from the gambling tax, be denied. Council member Doty
stated she would vote against the motion because she would
like to see some relief given to the, organizations. council
member Carmichael stated she made the motion because she is
unable to distinguish between the value of services offered by
the Southeast Cbmmunity Center verses the services given by
the YWCA or other organizations. She indicated the City also
needs a little relief. She stated it is not fair to ask the
citizens of the community to underwrite specific services that
the Southeast Community Center decides it will put forth to a
certain segment of the community. She stated perhaps the
Center should be encouraged to seek additional funding from
some of the organizations to Which they give office space free
of charge in their building. Council member Sparling
commented that he thinks the entire gambling tax issue should
be examined. It was MOVED by Sperling, seconded by Doty to
amend the Motion that the whole gambling tax issue,
percentages as applied to across the board for Southeast
Center, and including the schools and churches, should be
considered within the next sixty days. Council member
Buchanan stated he did not feel the amendment was needed
because it can always be locked_at_later,,The question was
called for a vote on the amendment to the motion. Carried by
3-2 voice vote. Buchanan and Carmichael voting nay.
Beauchamp abstaining due to possible conflict of interest.
Moore absent. The question was called for a vote on the
motion, as amended. Unanimously carried by voice vote.
Beauchamp abstaining due to possible conflict of interest.
More absent.
PROVAL OF MINUTES
The Council minutes of February 28, 1984 and March 6, 1984,
were approved, having been duly certified accurate by two
Council members and no one present wishing to have said
minutes read publicly.
15. SET DATE OF HEARINGS
City Manager Zais stated he had removed this item from the
Consent Agenda in order to change the date of the public
hearing to April 24, 1984 rather than May 1st due to the
urgency in construction dates and financial arrangements. It
was the general consensus of 'the Council to reschedule the
hearing date as suggested. It was MOVED by Sparling, seconded
by Carmichael that the date of hearing be changed to April 24,
1984. Unanimously carried by voice vote. More absent.
9. AUDIENCE PARTICIPATION
Magnolia Rentz, 1101 S. 6th St.,requested clarification on
the motion that had been made regarding the request for tax
exemption for the Southeast Community Center. Mayor Barnett
explained that the Council had denied the request for the
Center to be exempted from paying the gambling tax.
APRIL 10, 1984
*10. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF A RENTAL
AGREEMENT FOR THE RESIDENCE AT KIWANIS PARK
RESOLUTION NO. D-4938, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute a lease agreement with Virgil and Loyce Eades.
*11. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS
WITH THE DEPAR'INENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING
OF 48TH AVENUE AND TIETON DRIVE AND THE FIRST AND "I" STREETS
PROJECTS
RESOLUTION NO. D-4939, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to
execute agreements with the State of Washington, Department of
Transportation for partial reimbursement of costs for
improvements to the intersection of 48th Avenue and Tieton
Drive and the intersection of North 1st Street and "I" Street.
*12. APPROVAL OF OUT -CF -STATE TRAVEL FOR LANNY BONSON AND TCM
FIELCSTEAD, FIRE DEPARTMENT TO EMMITSBURG, MARYLAND
The out-of-state travel for Lanny Bonson and Tom Fieldstead,
Fire Department, to Ifilmitsburg, Maryland, to attend the
National Fire Academy's Hazardous Materials Tactical
considerations Cbutse, April 29 -May 12, 1984, at a total cost
of $341, was approved.
*13. APPROVAL OF OUT -CF -STATE TRAVEL FOR TOM MOREY AND MIKE VOWELL
POLICE DEPARTMENT, TO SPRINGFTET,D, OREGON
The out-of-state travel for Tam Morey and Mike Vowell, Police
Department, to attend an Officer Survival Seminar in
Springfield,'Oregoni April 12 and 13, 1984, at a total cost of
$190, was approved.
*14.'sSET DATE CP HEARING FOR 1983 JOBS BILL GRANTEE PERFORMANCE REPORT
April 17, 1984 was set as the date of hearing on the 1983 Jobs
Bill Grantee Performance Report submitted by the Office of
Housing and Neighborhood Conservation.
*16. SET DATE OF PUBLIC MEETING FOR MAY 1, 1984 AS REQUESTED BY MERLE
AND LYDIA WAREHIME FOR PROPERTY LOCATED AT 1417 ROCK AVENUE
May 1, 1984 was set as the date of public meeting on the
request for variance on subdivision lot width standards for
property located at 1417 Pock Avenue, as requested by Merle
and Lydia Warehime.
*17. CONSIDERATION OF AN ORDINANCE PROHIBITING PARKING ON NORTH SIDE CF
SUMMITVIEW AVENUE, BETWEEN MID-BLCCK OF 8TH AVENUE TO MID -BLOCK OF
11TH AVENUE
ORDINANCE NO. 2766, AN ORDINANCE relating to traffic control;
prohibiting parking at all times on certain streets; and
amending Section 9.50.050 of the City of Yakima Municipal
Code.
*18. CONSIDERATION OF AN ORDINANCE AMENDING THE 1984 BUDGET AND
APPROPRIATING FUNES FOR WEST VALLEY SEWER PROJECT (First Reading)
An Ordinance amending the 1984 Budget and appropriating funds
for the West Valley Sewer Project having been read by title
only, was laid on the table for one week or until April 17,
1984.
19. OTHER BUSINESS
Council member Beauchamp stated he had taken a trip to
Toppenish to observe their medhancial refuse system
first-hand. He stated they had also made random contacts with
citizens there and asked for their opinions regarding the
267
268
APRIL 10, 1984
system. Be encouraged other Council members to -attempt to do
the same before the hearing comes up on the 24th of April so
they would have a better knowledge of how the proposed system
works.
Council member Sparling stated he thinks we should be doing
more than mailing out applications to prospective Boards and
Commission members. Be stated there should be same personal
contacts made, as well as the letters being sent out. Council
member Doty stated she and some of the others have been doing
some of this type of thing already.
City Manager Zais stated that the Association of Washington
Cities will be holding their annual conference in Yakima in
June and he would like to approach them with same type of plan
for adopting a two-year budget and requested Cbuncil's opinion
on this issue. After a brief discussion, it was the consensus
of the Council forCity Manager Zais to proceed with this
issue.
Information Items
Items of information supplied to Council were: letter frau
Mari Fife regarding L.I.D. in West Valley area for sewer
service 4/2/84; and minutes of OctobPr 25, 1984, February
15,. 1984, and March 1, 1984 Civil Service Commission meetings.
20. ADJOURNMENT
There being no further business to came before Council, it was
MOVED by Sparling, seconded by Buchanan that this meeting be
adjourned at the hour of 8-37 P.m.,..r .
'
READ AND CERTIFIED ACCURATE BYAI , / 5 Xrl'i-
Pi m
ATTEST:
7a12 -e---1"4
-
CITY CLERK
1