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.
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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
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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.
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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)
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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,
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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
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CITY CLERK 'YOR
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