Loading...
HomeMy WebLinkAbout04/14/1987 Business Meeting 35 :APRIL 14, 1987 -" ' 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, Mayor Henry Beauchamp, presiding, Council�.members Clarence Barnett, Pat "Berndt, ' `Lynne Buchanan, Lynn Carmichael, and Bernard Sims present on roll call. City Mnaget Zais,' City Attorney Vanek, City - Clerk'Roberts - anduDeputy City Clerk. Toney also•present. Council member Jerry Foy absent .and excused. II/ 2., INVOCATION , 'The'Invocatibn'was given by Mayor Henry Beauchamp: • t - - 3.' OPEN DISCUSSION FOR THE GOOD OF THE ORDER' • -'0n behalf of the Pepsi Cola Bottling 'Company,' John Noel presented a check in the amount $5,000 to Lenore Lambert specifically for the market'analysis in conjunction with the Downtown Redevelopment Project."' -fMrs. •Lambert accepted thee" check `^ and ,expressed 1 ' - appreciation to , Glenn 'Rice,' Director - of Community.` -& :Economic °Development, for his efforts in this endeavor. Mrs. Lambert also 1presented Council with a $1,000 check from Bob Schultz of Schultz Property; ' commenting this : brings the total to $34,725 ' " the market analysis 'study. She stated 'it ''is the 'intent of the merchants to update this study on a yearly basis so 'the'City of Yakima will` always 'have an updated Twenty •' Year - ?Ian'. Mayor Beauchamp expressed appreciation to Mrs. Lambert'for her efforts on behalf of this project. Mrs. Lambert stated this would' not 'have' been possible without the 'assistance rof City staff. Mayor Beauchamp also thanked Mr. Noel and Gordon Wonder for their financial support in bringing the total of this fund raising ''effort to $34,'725: j ; . ''Mayor ?Beauchamp read a proclamation in which':the week of April 11 -18 - , 1987 was declared National Community.Development Week in the City , of Yakima. The. proclamation was accepted by Mrs. Peggy Noel, Chairperson of the Community -'Development Citizen's Advisory Committee (CDCAC), 'who thanked Council for the continued' support over - the years.' 'She then recognized Laine Durand, 'a fellow committee _ member seated in the' .audience, who serves ' as - 'Co -Vice ' Chairman for the "CDCAC.` '4. CONSENT Mayor' - Beauchamp referred to the' items'placed bn the Consent Agenda, questioning whether there were any additions` or deletions from either Council members or citizens present. There being no ` add'ition`s or deletions, the City'Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by 'Carmichael, by Berndt, that the Consent 'Agenda, as read, be passed. Unanimously carried - .by roll call-vote. Foy absent: (Subsequent paragraphs • preceded by an asterisk ( *) "indicate items on''' the Consent 'Agenda handled' ' one motion 'without further''discussion.) • *5. ' APPROVAL OF MEETINGS 'OF MARCH 10' & - 17, 1987 ' The! Council minutes of ,March 10f'& 17, 1987' were approved, having been duly certified accurate by - two Council members - and no one ' ' present wishing to have said minutes read publicly." - 6. 'AUDIENCE-PARTICIPATION ' • 'Jerry Henderson, President of 'Yakima' Interurban Lines Association ' (YILA)'; gave a brief status report the litigation between YILA - 'and •Congdon Orchards: He stated attorney, Homer Splawn, has filed ' a motion - for . reconsideration -on: (the summary : judgement. Mr. A &M3 /1 36 APRIL 14, 1987 Henderson stated the YILA Board met last Saturday and decided to appeal the decision if necessary. He stated he would like Council • to be aware of the following facts: 1) Research indicates that the only reversionary deeds in the entire system are those held by Congdon Orchards. Therefore, the remaining right -of -way deeds will not be effected by the court decision. 2) A survey of the entire • YVT system has been requested by the National Trust for Historic Preservation, funded partially by that organization. Art Hamilton, an engineer from Tacoma, will be in Yakima to survey the YVT system to determine. what is needed to upgrade and maintain the system. The survey will be conducted May 9th and 10th, 1987. 3) Public operations of. the sustem-will begin May 2nd, and continue through September, 1987. 4) Mr. Henderson stated the Board has decided that using the trolley track. right -of -way exclusively for YVT trolley operation may not be in the best interest of the community. Therefore, contact will be made with other groups and agencies, such as Yakima Greenway, regarding the possibility of joint useage for jogging /walking paths, etc. He stated these are options being considered for future operation to make this viable to the entire community. He stated regardless of the outcome of the litigation, YILA is making plans to -operate ,a-route west of Yakima. Arrangements have been made with a Seattle.finn with a lowboy truck !designed to haul trolley equipment to a future westside location. Mr. Henderson stated the Board will be providing a ,detailed .written report as soon.as a decision is rendered by the court, and as soon as the • evaluation of the system is available •fran Mr. Hamilton. Council member Carmichael asked if-the appeal will be -heard. by the same judge that made the initial ruling. Mr. Henderson responded Judge Hanson made the initial ruling and is scheduled to hear. the appeal, however, if he stands by his decision, the appeal will be heard by the Court of Appeals in Spokane, which is a ,three member board tribunal. . A. SPECIAL APPEARANCE BY CARTER FJELD REGARDING CITY GAMBLING TAXES Carter Fjeld, ' local attorney representing a number of local Trade Stimulant Owners, was present to address Council regarding the City's gambling tax. He requested the tavern owners be given to opportunity to address Council prior to; his comments. Mr. McClenahan, 7-North 77th Avenue, owner of -Bill's Place Taverhi Cash, -30 Meadowbrook' Road; and Chuck Frenzel of Jack -Son's Tavern, 402 South -11th Avenue, representing the Trade Stimulant•Operators of Yakima, were present to protest the City's gambling.itax. Each-operator indicated the City is not enforcing any laws pertaining to the administration of . the activities or recordkeeping, stating this activity is being done by the State. They advised Council that the State: receives 10. of their gross revenue to pay for enforcement and the City is receiving 5% of the gross from pull tabs- and punch boards without any-enforcement-activity. • Carter attorney representing the Trade Stimulate:Operators,. stated the :-.law .clients are questioning is R.c.W. 9.46 which provides that the - City .can- assess a tax of 5% . of • the gross of revenues derived from pull tabs, punch boards and other gambling activities, and can assess 200 of gross revenues 'from. card rooms. That statuate also requires those funds -be primarily used for enforcement of that particular statuate. The City does impose a 5% tax, however, Mr. Fjeld believes the City is in violation of the statute by using these funds for purposes other than the primary enforcement of the gambling tax as outlined in the R.C.W. He then read from R.C.W. 9.46 which' states, "these funds are to be used first chiefly'and for the most part to, fund law enforcement activities specifically related to state gambling laws." • Reading further, the R.C.W. states, "a County, City or Town will not be in violation of R.C.W. 9.46 if some smaller portion of,the revenues derived from the taxation of gambling activities within its borders is used for other - law enforcement operations, but such municipality , will nevertheless have to adopt and follow . whatever budgetary procedures are required in order to assure that most of the revenues in question are used for the specific purpose of A &M3/2 • . 37 APRIL 14, 1987 enforcing the gambling laws. He commented until this became a • public, issue with.. the City,,, were. sparse to nonexistant and the City has not been using the revenues as was . .intended. He_ that the tax be ,reduced.,to an appropriate . amount_ justifiable .by law., Mr.. Fjeld. informed Council that the Counties of Thurston, Clallam and Jefferson, reviewed . their ordinances governing the gambling tax and adjusted or eliminated it completely. Reportedly, ;the same action' is being„ taken in Wenatchee, Tumwater, Everett, Bremerton and.Sunnyside. Mr. Fjeld concluded the City has only two alternatives; to adjust the tax or implement a wasteful enforcement program. t•I Council, member, Barnett asked,if,this issue,has been raised with the . County Commissioners or other city councils within.yakima County. Mr. Fjeld stated..that members of this group have not spoken with any other agencies, however, he is aware that the issue has been raised with. the City of ,Sunnyside as they were anticipating • imposing such a tax. It was decided by the .City Council of Sunnyside that they really had no expense involved • in the enforcement of the law,, therefore, chose not to impose the . ,tax at . all. Beauchamp thanked Mr. Fjeld and his clients for their comments and stated Council ,will. ; reply to the request after discussing the issue with the legal department. Dick•.Cash, tavern owner,, responded to Mr. Barnett's inquiries stating there is a separate group that has, approached the County Commissioners on this same issue. Mr. Barnett asked Mr. Cash if he knows of a statewide movement regarding this issue. Mr. Cash replied he believes it is. . He added he is aware. that the issue is .,currently being reviewed by Spokane and Walla Walla. Mr., Barnett asked_ if the operators have lobbied the State Legislature for a reduction of the 5% tax. Mr Cash responded it is his understanding they have lobbied, but it did not pass the Legislature. City, Attorney Vanek explained that the bill to reduce gambling tax for. punch boards and pull tabs did not make the legislative cutoff' date. • James St�,Geor'ge, 608.North 6th Street, trustee of the Eagles Lodge, suggested Council consider changing the tax to 5% of the net rather .than 5% `of the gross. .Council member Carmichael explained .to Mr. St George this is a state law which dictates the tax be based upon the gross and suggested he consider talking with the ,. State Senators or State Representatives'about, this matter. 7. REPORT FROM THE TRANSIT DIVISION REGARDING ADVERTISING PROGRAM (TABLED FROM THE APRIL 4, 1987 MEETING) • It,.was.MOVED by Buchanan,,. seconded Sims,, to table Item #7 to a future, meeting ,when all of the Council members are present to discuss the issue . Unanimously carried by voice vote. Foy absent. ,8... REPORT FROM TRAFFIC ENGINEERING DIVISION REGARDING., PARKING RESTRICTIONS IN THE,VICINITY OF 40TH & SUMMITVIEW AVENUES, . Council member Barnett questioned., if there was ,any response or. comments from citizens on the notification list, mho will be directly impacted by these parking restrictions. Traffic Technician. Shelley Harlington reported she had spoken with William Dye. who had inquired if he would. be permitted ; to.cross the painted • island area to access his residence. He ,was informed he could do so providing it is not an 18 inch solid yellow line. Mr. Dye was also concerned about the merging of the two south bound lanes. She explained this was the only feasible arrangement due to the . geometric design of the .intersection at ..40th and Summitview Avenues. She indicated he was satisfied with her explanations. Mr. Barnett asked if there were citizens present today wishing to speak to this issue and there were none. It was MOVED by Barnett, ,seconded by Buchanan, to refer this to the Legal Department for • preparation and presentation of the ,appropriately revised ordinance. 'Unanimously carried by voice vote. Foy absent. A &M3/3 38 APRIL 14, 1987 *9. CONSIDERATION OF RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE DEPARTMENT OF COMMUNITY D EMERGENCY S HELTER PROGRAM • RESOLUTION NO. D -5344, A RESOLUTION authorizing application for grant funds from the Emergency Shelter Grants, Program of United States Department of Housing & Urban Development. *10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION' OF AN AGREEMENT WITH THE WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT TO PARTICIPATE IN THE WIN PROGRAM RESOLUTION NO. D -5345, A RESOLUTION authorizing and directing the Cit•Manager and City Clerk_of the City of Yakima to execute a Work Experience Agreement''with 'the State of Washington, Employment 'Security Department.' • * 11. SET DATE'OF PUBLIC MEETING FOR CONSIDERATION OF'IRWIN RESEARCH MASTER APPLICATION FOR APRIL 28, 1987. April 28, 1987 was set as the date of public meeting for consideration of the Hearing Examiner's recuuutendation on'the Irwin Research Master Application for property located at 1802 -1$04 South 24th Avenue. * 12. SET'DATEOF PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE URBAN AREA ZONING ORDINANCE FOR APRIL 30, 1987 April 30, 1987 was set as the date for . a joint hearing with the Yakima County Commissioners on the .proposed_ amendments to the Yakima'Urban Area Zoning. Ordinance. *13. APPROVAL OF OUT -OF- STATE TRAVEL FOR STEVE KNOPP, .TRAFFIC ENGINEERING DIVISION, TO ANCHORAGE, ALASKA . The Out - - State travel for Steve Knopp, • Traffic Engineering Division, to attend' the International Municipal Signal Association Conference and school, in Anchorage,_ Alaska June 21 -25, 1987, at a cost of - $540 (employee paying: own tran was approved. * 14. CONSIDERATION OF' AN ORDINANCE AMENDING THE 1987 BUDGET AND • FUNDS FOR THE SOUTH CENTRAL TOURISM REGION 3 PROGRAM'(SECOND READING) An Ordinance appropriating funds for the South Central Tourism Region 3 Program having been read by ' title only at the March 24, 1987 meeting, was brought'before the Council for a 'second reading. ORDINANCE NO. 3012, AN ORDINANCE amending the 1987 Budget for the City of Yakima; and making an appropriation in the Tourist Promotion Fundfor expenditure during 1987. *15. CONSIDERATION OF LEGISLATION RELATING TO WASTEWATER TREATMENT PLANT CONSTRUCTION: ' A. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET AND APPROPRIATING FUNDS FOR COMPLETION OF AERATION DESIGN WORK (SECOND READING) • An Ordinance appropriating funds for the completion of the aeration design work at tle_ Wastewater Treatment Plant, having been read by title only at the March 24, 1987 meeting was brought before the • Council for second reading. ORDINANCE NO. 3013, AN ORDINANCE amending the 1987 Budget'for the City of Yakima; and making an appropriation in the 478- Wastewater Facility Project Fund for expenditure during 1987. B. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET AND APPROPRIATING FUNDS FOR FACILITY REPAIRS AND MODIFICATIONS (SECOND READING) A &M3/4 39 APRIL 14., 1987 ' An' Ordinance appropriating funds L ' for fability -repairs and • modifications'at" the Wastewater Treatment Plant having been read by title only at the March - 24, 1987 meeting. brought before the Council for a second" reading. _ • ORDINANCE NO.. 3014, AN ORDINANCE amending budget•for the City of Yakima; and making an appropriation in the 472- Wastewater Facility Capital Reserve -Fund for expenditure during 1987. 16. OTHER'BUSINESS City Manager Zais 'stated the Council' packet contains as request from Mari Clack of the Governor's office to address Council this afternoon. He. stated if Council completes the business on the :.. agenda, the meeting should be adjourned to 4:30 p.m. and reconvened ..-at_ that dime::. This°.was_ the• consensus of the Council:' • Director of,Community & Economic - Development Glenn Rice reminded Council of the Joint Meeting with the City Council and County ..Commissioners and asked.. i-f .. there will be a quorum for the evening of April 30th at .7:00 p.m. It "was determined that Council member Sims would not be available. The remainder of the Council members __ ..present at_thisitime stated they would be. avaflable for the meeting on April 30th. Council member Barnett indicated he probably would not be available for today's 4:30 meeting with.,_Mari�`•...Clack. 'was MOVED by Buchanan, seconded by Berndt, to recess at this.time and reconvene at 4:30 p.m. Unanimously carried by voice vote. Foy absent':;. ,> The meeting reconvened at 4:40 p.m. for the purpose of meeting with Mari Clack, representative from the Governor's office. Council members present were Mayor Henry Beauchamp, Lynn Buchanan, Lynn Carmichael and Bernard Sims. Council members Clarence Barnett, Pat Berndt and Jerry Foy absent and excused. Staff members present • were City Manager Zais, Assistant City Manager Stouder, Director of Community and Economic Development Glenn Rice and City Clerk Karen Roberts. Ms. Clack stated the purpose of her visit is to talk with people about the Governor's education proposal and encourage people to express their opinions on this issue to the legislature. Council members discussed the for additional funding for edcuation. City Manager Zais stated he did not believe the need for additional education money is•being communicated to the citizens very well. He suggested that someone from the "Round Table" come to Yakima and eastern Washington to speak to the business community about this issue. Council member Sims commented this side of the mountain is not prospering and the people don't want new taxes. He stated they won't accept the need for new taxes unless they see some major changes from the Governor's office in the State budgeting. He commented the Governor needs to take a stronger leadership role because the people are not aware of his accomplishments. City Manager Zais mentioned the City's grievance with the State Department of Social and Health Services regarding indigent inmate's medical costs. He stated these costs have been passed from the Department of Social and Health Services to the local government, however, no funding source was provided. He stated it will cost the City $45,000. • Information Items Items of information supplied to Council were: Letter from State Department of Community Development regarding confirmation that Yakima's application has been selected for funding under the 1986 Washington State Rental Rehabilitation Program. 2/26/87; Article from February 17, 1987 Community Development Digest, "CD Block Grants "; New Vision Newsletter for April 1987; March 1987 Minority Business Enterprise Report; Memorandum from City, A &M3/5 40 APRIL 14, 1987 Attorney regarding Damage Claims Referred to Insurance Company. 4/1/87; Monthly report from Chief of Police for March 1987; , .Yakima Center Management Report for March 1987; Permit Report for month of March 1987; and Petition No. 1054. by Alvin•Unruh and others requesting dust abatement, road maintenance, and enforcement of speed limit, including posting of speed limit sign, in the 1800 block of South 15th Avenue. 4/1/87. 17. ADJOURNMENT 1, , There being no further business to cane before the. Council, it was MOVED by Buchanan, seconded by Carmichael, that this meeting be adjourned, at the. hour .of 5:35 p.m. Unanimously carried by voice ;.vote: Foy absent. , READ AND ' CERTIFIED ACCURATE BY / ` J t, ,. / }I• • �7 Ci! IL M :ER DA' ATTEST: , / ; 19- � 7 r -- r • - ., - COUN L MEMBER 7 � i DATEi r t CITY CLERK 'YOR MINUTES PREPARED BY G���.__ DEPUTY CI Y CLERK , I r r4 1 _ -. r • • Il • • I . , r A &M3/6