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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