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HomeMy WebLinkAbout02/28/1984 Study Session FEBRUARY 28, 1984 227 STUDY SESSION The City Council net in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Mayor Clarence Barnett, Henry Beauchamp, Lynn CarMichael, Shirley Doty, W. K. "Pete" Moore, and Jack Sparling. Council member Lynn Buchanan absent. 1. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Barnett circulated a brochure regarding the Association of Washington Cities Conference and requested Council members please indicate if they are interested in attending any ,111 portion of the Conference. He also asked that the Council members inform him if they are planning to attend the opening ceremony of the new gymnasium at the Yakima Firing Center to be held March 10th at 10:00 a.m: Council member Sparling presented a copy of an article he brought back from Tucson, Arizona regarding their City/County merger. He indicated he has given a copy of the article to Commissioner Whiteside for his consideration. He stated the article addresses the duplication of City and County government and the money involved therein. Council members briefly discussed the feasibility of such a merger with Yakima County, considering the Urban Area Plan addresses some duplication of services issues. Council member More stated two weeks ago Council received a letter from Rev. Joe. Denman offering to work with a committee to take proper steps to rename Washington Park in honor of Dr. Martin Luther King, Jr. Council member Doty suggested this topic be discussed under "Other Business" rather than during the Study Session. It was the general consensus of the council to discuss this in the business portion of the meeting. 2. UPDATE BY IRVIN LISLE ON YAKIMA CENTENNIAL ACTIVITIES Irvin Lisle gave a brief report on the Yakima Centennial Committee activities. 3. RECONSIDERATION CF DISPOSITION OF FUNE6 FROM SALE CF PARKS PROPERTY TO THE HUMANE SOCIETY (Continued from 12/13/83) Dave Rhodes, Director of Public Works, reviewed past staff recommendations and Council action on this issue and stated he has no additional recommendation at this time. Commissioner Whiteside, representing the Greenway Executive Board, stated the Board has decided to assume the entire cost of the parking lot due to the success they have had in their fund raising drive. It was MOVED by Doty, seconded by More to move Item No. 3 to Item No. 8a on the Business Session of the agenda., Unanimously carried by voice vote. Buchanan absent. 4. REPORT ON DISPOSITION OF PARKS PROPERTY Dave Rhodes, Director of Public Works, reviewed past reports and recomffendations made by staff and indicated he is requesting further direction from Council at this time on disposition of parks property. After some discussion on restrictions and conditions contained in the Statutory Warranty Deed of Gilbert Park, it was the general consensus of the Council that Council member Doty would contact the Gilbert Family, discuss the situation with them, and bring information back to Council at a later date as to haw they wish the matter to be handled. Council also requested Mr. Rhodes advise them as to the amount of money required to maintain Chesterley Park and the amount of financial obligation due if the City would have to pay the State back for money invested into Chesterley Park thus far. City Manager Zais asked Council if they had any further directions on any other parcels at this time. 228 FEBRUARY 28, 1984 Council member Moore stated the only other one he would consider is giving back the Fairbrook property, as it is outside our jurisdiction as a City or Park Department running that type of operation. EXECUTIVE SESSION It was MOVED by Carmichael, seconded by Beauchamp to move into Executive Session for the purpose of discussing pending litigation. Unanimously carried by voice vote. BUSINESS MEETING 5. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Mayor Barnett presiding, Council members Beauchamp, Doty, Carmichael, Moore, and Sparling and City Manager Zais and City Attorney Andrews present on roll call. Lynn Buchanan present after 3:28 p.m. 6. INVOCATION The Pledge of Allegiance was led by Mayor Barnett. 7. CONSENT AGENDA Mayor Barnett referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions fran either Council members or citizens present. It was requested by Council member Carmichael that Item No. 13 be placed on the Consent Agenda. Council member Mbore requested Item No. 14 be placed on Consent, and Council member Doty requested Item No. 15 be placed on the Consent Agenda. Council member Doty also requested Item No. 17 be removed fran the Consent Agenda. It was the general consensus of the Council that the addition of Items Nos. 13, 14 and 15 and the deletion of Item No. 17, 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. Buchanan absent. (Subsequent paragraphs preceded by an asterisk (*) indicate items onthe Agenda handled under one motion without further discussion.) 8. CURRENT STUDY SESSION ITEMS a. Item No. 3 It was MOVED by Mbore, seconded by Carmichael that the residue of the funds from the sale of parks property he allocated back to the Parks Division. Council member Doty commented she II/ would vote for the motion —3.s stated. She added she would like for the Parks and Recreation Commission to make recommendations and prioritize the projects and inform Council as to where the funds will be spent. The question was called for a vote on the motion. Unanimously carried by voice vote. Buchanan absent. *9. APPROVAL CF MINUTES The Council minutes of January 24, 1984 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 10. AUDIENCE PARTICIPATION Stan Lochrie submitted his resignation fran the Parks and Recreation Commission due to a conflict of interest since becoming an elected official of the School Board. He encouraged Cbuncil to continue to lock at Lions Pool, haw it can be funded, how it can be reconstructed and how our parks can be brought up to standard. 9 FEBRUARY 28, 1984 22 11. HEARING ON 1984 IRRIGATION MAINTENANCE ASSESSMENT ROLL Dennis Covell, Director of Engineering & Utilities, gave a brief report on the 1984 Irrigation Maintenance Assessment Roll, stating no recomendations for increases are being made this year, and they are recommending a reduction of rates in three districts. There being no citizen present wishing to speak to this issue, the public portion of the hearing was closed. Ordinance No. 2752, having been read by title, it was MOVED by Doty, seconded by Sparling that the ordinance be passed. Unanimously carried by roll call vote. ORDINANCE NO. 2752, AN ORDINANCE, confirming the irrigation maintenance assessment roll of the City of Yakima for the calendar year 1984 and levying irrigation maintenance assessments according to such roll. 12. CONSIDERATION OF SOUTHEAST COMMUNITY CENTER REQUEST FOR EXEMPTION FROM CITY GAMBLING TAX Council member Beaudhcmy asked to be excused due to a possible conflict of interest. Cecil Collins, Director of the Southeast Community Center, appeared before Council requesting the Southeast Ccumunity Center be exempted from City Ordinance W. 2070 relating to taxation of various gambling activities. He stated the reason for this request is that the funds are needed for proper management of the Center, and expansion of their programs. Mr. Doug Peters, attorney, stated the proposed amendment to the ordinance would not be setting a precedent due to the fact that the school district and other organizations are already exempt from paying this tax. James Schrader, Southeast Community Center Board member and C.P.A., stated the Center is in good financial shape at this time, but would like to expand their programs. Council member Doty stated she would like to commend Mr. Collins and the Board for the work they have done over the past year. She indicated they had been successful in obtaining $16,500 from United Way for the purpose of expanding their outreach programs and to help on their administration costs for the Center. Magnolia Rent±, 1001 So. 6th Street, stated the Center had paid out over $7,000 in 1983 for utility bills (This figure was later corrected by Mr. Collins as having been over $27,000.) and $27,961.72 in gambling taxes to the City. She stated the City demands 10% off the top before any bills are paid and requested the City recognize than as a non-profit organization: City Manager Zais pointed out that the ordinance reads "any bingo game, raffle or amusement game, a tax Computed at the rate of ten percent of the difference between the gross revenue received from the conduct of such activity and the amount paid for or as prizes in the conduct of such activity." Council member More stated he does not agree with the philosophy that some organizations are exempt from paying the gambling tax, while others are not. He suggested instead of exempting more organizations, Council should be amending the ordinance so everyone pays the tax. Council members Sparling and Buchanan requested to see an annual report and financial statement, as 1,4,11 as a list of the organizations who currently do not pay the tax, before a decision is made regarding this issue. It was the general consensus of the council to 'take no action on the matter at this time. *13. REPORT FROM TRAFFIC ENGINEERING DIVISION RE: RAINIER BANK ALLEY TRAFFIC PATTERN The report and recommendation from the Department of Engineering and Utilities, Traffic Engineering Division, dated January 17, 1984, was accepted. 230 FEBRUARY 28, 1984 *14. PRESENTATION OF 1983 YEAR-END BUDGET REPORT The report fran the Department of Finance & Budget, dated February 24, 1984, was accepted. *15. CONSIDERATION CF REALLOCATION OF CMG FUNDS FOR IRRIGATION MAIN CONSTRUCTION The report and reccomendation fran the Department of Community and Econanic Development, dated 2/28/84, was accepted. 16. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT IRRIGATION ASSISTANCE FINANCING PLAN Dennis Cavell, Director of Engineering & Utilities, presented a summary explanation of the Community Development Block Grant Irrigation System Financial Plan, stating staff reccmmended approval of the plan. Council member Doty expressed concern over the amount of money being spent on this project and suggested City staff contact Lon Wyrick of the Conference of Governments to see if that agency would be interested in giving an estimate and a timeframe within Which this project could be canpleted. Following discussion on this issue, it was the general consensus of the Council to follow Council member Doty's suggestion. It was MOVED by Doty, seconded by Beauchamp that staff confer with Conference of Governments to ascertain if they might be able to perform this function and for what amount and also, what timeframe would be necessary to canplete the project. Unanimously carried by voice vote. 17. INTERGOVERNMENTAL PURCHASING AGREEMENT WITH THE CITY CF SEATTLE FOR THE PURCHASE OF VEHICLES Council member Doty stated she had requested this item be removed fran the consent Agenda due to her concern for a police vehicle being kept in service beyond 100,000 miles. She stated this vehicle would likely need a tremendous amount of repair and upkeep, and added she mould prefer to see additional funding be taken out of contingency so staff could purchase all seven vehicles for the Police Department rather than the proposed six. Don Toney, Fleet Manager, responded to Council's questions regarding maintenance of the vehicles, as well as inventory necessary for maintenance. It was MOVED by Doty, seconded by Carmichael that seven vehicles be purchased instead of six, with the extra money being taken fran contingency. Carried by 5-1 voice vote. Barnett voting nay. Sperling not voting due to possible conflict of interest. Mayor Barnett indicated he voted against the motion due to the rapid rate at which the contingency fund is depleting. It was MOVED by Moore, seconded by _Buchanan that three of the vehicles be purchased on State had. Failed by 3-3 voice vote. Beauchamp, Carmichael and Doty voting nay. Sparling not voting due to possible conflict of interest. Resolution No. D-4925, having been read by title, it was MOVED by Carmichael, seconded by Doty to adopt the resolution. Unanimously carried by roll call vote. Sparling abstaining due to possible conflict of interest. RESOLUTION NO. D-4925, A RESOLUTION authorizing the execution of an Intergovermental Cooperative Purchasing Agreement with the City of Seattle for purchasing police vehicles. *18. LICENSE RENEWAL WITH THE DEPARTMENT OF THE ARMY TO THE FIRING RANGE FACILITIES AT THE YAKIMA FIRING CENTER RESOLUTION NO. D-4926, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with the Department of the Army for a license to utilize a firing range at the Yakima Firing Center. FEBRUARY 28, 1984 231 *19. APPROVAL CF OUT-OF-STATE TRAVEL REQUESTS A. The out-Of-state travel request for Dick Zais, City Manager, to Gleneden Beach, Oregon to attend the Northwest Regional City Management Conference, April 4-6, 1984, at a cost of $285, was approved. B. The out-of-state travel request for John Beer, Jr., Director of Community and Economic Development, to Minneapolis, Minnesota to attend the American Planning- Association National Planning Conference, May 6-9, 1984, at a cost of $450, was approved. *20. ORDINANCE PROHIBITING PARKING ON WASHINGTON AVENUE, WEST OF THE II/ YAKIMA AIR TERMINAL, ORDINANCE NO. 2753, AN ORDINANCE relating to traffic control; prohibiting parking at all times on certain streets within the City of Yakima; and amending Section 9.50.050 of the City of Yakima Municipal Code. 21. OTHER BUSINESS Council member Buchanan comented on the various advisory commission meeting minutes contained in the Council packets, stating he feels first and last names, or last names of the members should be used rather than first names only. He indicated some of the sentences are incomplete, grammar and punctuation are incorrect and, in his opinion, 17 pages of minutes is a bit lengthy for a Park and Recreation Commission meeting ,lasting only an hour and a half. Council member_ Moore commented on a letter that had been received from Rev. Joe Denman indicating he would like to serve as chairman on the committee for the renaming of Washington Park to Martin Luther King, Jr. Park. Mayor Barnett stated he agrees with Council member Carmichael that the committee should include all ethnic groups in the City and this was the consensus of the Council. Council member Doty suggested Rev. Denman solicit a group of people to serve on the committee and bring his recommendations back to Council. Council member Beauchamp stated he will vote against a motion made in relation to the park name change due to controversy surrounding the issue. Council member Carmichael stated there has been a great deal of controversy regarding this topic, however, it if is the intent of Council to carry through with rededicating or renaming the park, she will vote against the Motion as it is her belief the Parks & Recreation Commission \ should ,be the party responsible for putting together an ',appropriate program, selecting the committee members, and bringing a'recommendation back to Council for approval. It was MOVED by Mbore, seconded by Sparling to appoint Rev. Joe II/ Denman as chairman of the committee for the dedication of the Martin Luther King Jr. Park and that he bring back a recomendation for members on that committee. Carried by 4-3 voice vote. , Beauchamp, Buchanan, and _Carmichael voting nay. John Beer, Jr., Director of Community and Economic Development, announced that Gary Kitterman, who is the project manager for the Yakima River Enhancement Project will be in town either Friday, March 23, or Mbnday, March 26, to discuss with Council the status of that project. It was the general consensus of the Council that Mbnday, March 26th would he a more convenient day for this meeting. Mr. Beer stated he would advise Council of the specific time and location of this meting. City Manager Zais commented the original ordinance on gambling tax was passed by Council in approximately 1974 and did not provide for any exemptions. He stated a number of years later the schools and other organizations came before Council requesting specific exemptions, which Council granted. He contented that in future discussions to eliminate any exemptions, it would be appropriate to contact those parties 232 FEBRUARY 28, 1984 and advise them accordingly of that consideration. Gerald Henderson, 309 N. 35th Ave., stated at the time the school exemption came about he was heavily involved in PTA and State PTV Vice President from this area. He explained the State Attorney General ruled the games (dart throw, ring toss, etc.) at school carnivals 10,re, in fact, gambling events and were, therefore, covered under the gambling laws. The schools at that time asked to be exempt for the purpose of school carnivals, not for bingo games or any other type of gambling event. Council member Carmichael requested clarification as to whether the operators of the gambling activities are required by law to return a certain percentage to the people. She stated there needs to be sane clarification as to whether or not we are talking about bingo, casino night, school carnivals, etc., before any action i5 taken on this issue. Referring to Item No. 14, City Manager Zais indicated staff will be bringing back legislation to provide for the equipment II/ replacement funding. Mayor Barnett commented this is an excellent report and very well presented and he is hopeful we can do as well in the coming year. Items of Information Information items supplied to Council were: letter from Planning & Community Affairs Agency re: Local Housing Workshop, March 22 & 23, 1984 at the Towne Plaza Motor Inn, Yakima 2/21/84; memo from Supervising Traffic Engineer & Police Patrol Division Captain, re: Interim policy and procedures on public right-of-way closures (temporary) 2/10/84; letter from Director of Community & Economic Developaent, responding to Bruce Haldeman's request for an ordinance: prohibiting fireworks within residential areas 2/21/84; Yakima Community Television "Cable Cues", February 1984; Minutes of 2/15/84 Yakima Center Advisory Commission meeting; Minutes of 2/10/84 Board of Adjustment meeting; Minutes of 1/23/84 Parks & Recreation Commission Special Meeting; Minutes of 1/25/84 Yakima Housing Authority Commission meeting. 22. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Moore, seconded by Bdchanan that this meeting be adjourned at the hour of 4:50 p.m. Unanimously carried by - voice vote. - READ AND CERTIFIED ACCURATE ; IF , -- DATE OD CI1,0` R / / , z /ARUM! Ai; ' DATE chl IL m mER ATTEST: -2 •'°.;• • CITY CLERK k-- MAYOR