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Home My WebLink About07/21/1987 Business Meeting JULY 21, 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, Washington. Mayor Henry Beauchamp, presiding, Council members Clarence Barnett, Pat Berndt, Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek and Acting City Clerk Toney also present. Council member Lynn Buchanan absent and excused. 2. INVOCATION • ' The Invocation was given by Council member Foy. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER None 4. CONSENT AGENDA Mayor Beauchamp referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus to defer Item No. 9 one week as requested by Council member Foy. The Acting City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Berndt, that the Consent Agenda, as read be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion. *5. APPROVAL OF MINUTES OF THE COUNCIL MEETING OF JUNE 9, 1987 The Council minutes of June 9, 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 • On behalf of the North Front Street Improvement Association (NFSIA), Lenore Lambert of the Wine Cellar, 5 North Front Street, distributed a letter to the Council regarding preparation of a draft ordinance by the Design Review Committee. She stated City staff is currently reviewing the first draft of the ordinance which was approved by the Association at the July meeting. The ordinance will define the boundaries of the district, signage, parking, demolition approval, new construction building design, a grandfather clause and the appointment of a Review Board by the City Council. Mayor Beauchamp thanked Mrs. Lambert for her report and encouraged the Association to continue their good work. He questioned the status of Yesterday's Village and Track 29, and Mrs. Lambert stated John Edwards is optimistic that six of - the shops will be ready to open by the end of the month. At the same time, he is also anticipating the opening of the old Skaggit Restaurant which he moved from Sedro Woolley to Yakima. 7 PUBLIC HEARING ON RESOLUTION OF INTENTION TO CREATE VIEWMONT SEWER LOCAL IMPROVEMENT DISTRICT NO. 1045• (SEE ORDINANCE CREATING LID) This being the time set for the above mentioned hearing, Rita Germunson, Office Engineer, reviewed the staff report and recommendation to approve the resolution creating the Viewmont Sewer L.I.D. and responded to inquiries and comments from Council members and citizens present. Mrs. Germunson indicated two letters opposing the L.I.D. were received in the City Clerk's office prior to today's Council meeting; those property owners being Bonnie Harmon, 7804 Englewood Crest Drive, parcel number 181320 - 22425, and Richard Weihl, parcel numbers 181320 -22435 and 181320 - 22436. The hearing Was then opened by Mayor Beauchamp for public testimony. Nancy Bechard, 7805 Englewood Crest Drive, spoke of the need for the L.I.D. and encouraged Council to approve the resolution. Richard Weihl, 7912 Englewood Crest Drive, stated there is a definite need for the sewer L.I.D., and stated he is only protesting the A &M2 /1 95 JULY 21, . method-,of assessment for the L.I.D.,;. that being the square,footage method. Jim. Allison,.. 508 Englewood Place, asked.. staff to justify the cost of the L.I.D. and questioned what type of field research was done.,Mrs. Germunson responded to those questions, stating the City has invested $350,000 to install trunk. mains for Viewmont Park. She stated the City can. now proceed with the. preliminary survey, design work, etc. She stated" the, figures for any L.I.D. are preliminary assessments based on the amount of lineal feet involved in the project. A 25% contingency: factor has also been included . in these costs, and she is hopeful these figures are high rather than low. . She stated the property owners will be notified if the L.I.D. costs exceed .. the preliminary estimates.. Following further discussion on the preliminary estimates, Mayor Beauchamp closed the hearing. The ordinance having been read by title, it was MOVED by Foy, seconded by 'Carmichael, that the ordinance be passed. Unanimously carried .by. roll .call, vote. Buchanan ..absent.„ . . • . ORDINANCE,. 3031, AN .ORDINANCE.. providing for the improvement, of certain property by constructing a pipe sewer with, the necessary wye branches and ,,., .manholes; establishing.a Local Improvement District, providing for the method of payment thereof,'.and creating a special fund . 8. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS VEGETATION. AND DEBRIS _ABATEMENT PROGRAM ' • .. There being_ no citizens present to address this issue,_ and the first resolution. having been read : by title,__it was MOVED by, Carmichael, seconded by • Berndt, 'that the ,resolution be passed. Unanimously carried by roll call _ vote. Buchanan absent.. ' . RESOLUTION D- 5367,, A Resolution authorizing; the Code AdministrationManager to clear. certain weedy_lots.. 9.,..CONSIDERATION OF AN AGREEMENT WITH YAKIMA.COUNTY DEVELOPMENT ASSOCIATION FOR • ASSOCIATION DEVELOPMENT .ORGANIZATION DESIGNATION _ Deferred one week. at the request of Council member Foy.: *10. " CONSIDERATION OF RESOLUTION AUTHORIZING . SUBMISSION .OF 1987 /1988 WASHINGTON _STATE DEPARTMENT OF COMMUNITY DEVELOPMENT. FOR HOUSING . RESOLUTION D -5368, A RESOLUTION authorizing and directing, the City Manager of the 'City of, Yakima to file, an application with the Washington State Department of_.Communi,ty,Development for funding for a. rental.rehabilitation. *11. CONSIDERATION OF RESOLUTION AUTHORIZING CONTRACT_ FOR. AREA AGENCY,ON AGING RE PREVENTATIVE FOOTCARE PROGRAM FOR SENIOR CITIZENS . RESOLUTION D -5369, A RESOLUTION authorizing the City Manager and the City Clerk to contract with Yakima County Area Agency on Aging for a Senior Center foot care program. *12. APPROVAL OF FINAL CONTRACT_ PAYMENT FOR CONOVER PARK. SEWER LID , III The report from the Director of Finance.. and Budget dated N21/87, with respect to the completion of the work on the Conover Park Sewer L.I.D., performed by Central Concrete & Utilities, was approved, the work accepted and payment of the final estimates as therein, set forth was authorized. "`13. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET- AND APPROPRIATING FUNDS FOR THE AUTOMATED MAPPING SYSTEM (FIRST READING) The ordinance amending the 1987 Budget for the City Of Yakima; making appropriations from. unappropriated fund balances within various funds for . expenditure during, 1987,..,having been read.by title, was. laid on the table for, one week. . *14. CONSIDERATION OF AN .ORDINANCE AMENDING THE 1987 COMMUNITY. DEVELOPMENT BUDGET The ordinance amending the 1987 Budget for the City of Yakima; making . appropriations from unappropriated fund balances within various funds.for expenditure during 1987, having been read by title, was laid on the table for one week. A &M2/2 96 JULY 21, 1987 *15. CONSIDERATION OF AN ORDINANCE AMENDING THE 1987 BUDGET AND PROVIDING FOR THE REPLACEMENT OF THE AIR COMPRESSOR UNIT AT THE SOUTHEAST' YAKIMA COMMUNITY CENTER (FIRST READING) The ordinance amending the Budget for the City of' Yakima;' making appropriations from unappropriated fund balances within various funds for expenditure during 1987, having been read by title, was laid on the table for one week. • 16. CONSIDERATION OF AN ORDINANCE PROHIBITING PUNCHBOARDS, PULLTABS, SOCIAL CARD GAMES AND PUBLIC CA RDROOM GAMBLING ACTIVITY 'IN'THE EVENT "THE CITY'S TAX ON SUCH ACTIVITIES IS DECLARED UNCONSTITUTIONAL • City Manager Zais stated in view of the fact that three of the seven Council members were not present at last week's Executive Session for discussion of this issue, perhaps it would be beneficial to move into Executive Session for a'brief review_ of that discussion. It was MOVED by Foy, seconded by Berndt, to move into Executive Session to discuss pending and potential litigation • for approximately 20 minutes, and to reconvene in twenty Carried by 5 -1 voice vote. Barnett voting nay and Buchanan absent. Mayor Beauchamp reconvened the Business Meeting to continue discussion of of the proposed ordinance. Carter Fjeld, 1410 Karr Avenue, Attorney for the Trade Stimulant Operators - , addressed Council on behalf of approximately 20 constituents,. asking consideration be. given to negotiating this tax. Mr. Fjeld stated the continued imposition of this tax and the manner in which it is now being imposed'will result in many of his clients not being able to maintain their .businesses. Merle Warehime, Yakima Board of Realtors, Chairman _of the Political Affairs Committee, asked that Council not make a decision on.this particular issue until the Yakima Board of Realtors have had an opportunity to study the issue and comment further. Gary McClenahan, Bill's Place Tavern, 206 South 3rd Avenue, stated the passage of this ordinance would definitely damage the Trade Stimulant Operators livelihood. He suggested instead of spending $50,000 to hire an enforcement officer, that Council rollback the gambling tax in that amount giving the T.S.O.s a break on their taxes. Jim Lowry, 216 W. Yakima Avenue, Roxie's Tavern, indicated the City's revenue, from retail tax, and the tavern owners, would suffer if this ordinance is passed. Don Mosher, 105 West Washington, former tavern owner, stated beer sales have decreased from 95 kegs per month to 55 kegs per month since the passage of the new DWI laws. Tavern owners have attempted to canpensate for this loss by offering gambling to their patrons. . He stated if the City insists on collecting the gambling tax, the tavern owners will be unable to make a profitable living He encouraged Council to negotiate the amount of tax imposed on gambling. J. M. St George, '600 North 6th Street, representative of Eagles Lodge, and Johnny Rance, 904 South Naches Avenue, also encouraged Council to consider a compromise on the gross tax. Discussion of this issue having been closed by Mayor Beauchamp, and the ordinance having been read by title, it was MOVED by Carmichael, seconded by Sims, that the ordinance be passed. Carried by 5 -1 roll call vote. Barnett voting nay and Buchanan absent. ORDINANCE NO. 3032, AN ORDINANCE relating to licenses and business regulations; prohibiting certain gambling activities in the event that the gambling tax ,is declared unconstitutional; and.enacting Section 5.49.025 of . the City of Yakima Municipal Code: 17. OTHER BUSINESS None Information,Items: Memo from Director of Public Works and. Fleet Manager re Hazardous Waste • Update, 7/16/87; Memo from Transit Manager, Operations Supervisor and Customer Relations re Air Fair Shuttlebus Service, 7/16/87; Letter from John ' W. Peters, Regional Director, HUD, re Annual HUD Review and City staff's response, 7/17/87 and Yakima Center `Management Report, 7/17/87. A &M2/3 97 JULY 21, 1987 18. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING It was MOVED by Berndt, seconded by Sims, to move into Executive Session for the purpose of discussing collective bargaining for approximately 5 minutes. Unanimously carried by voice vote. Buchanan absent. Council' member Barnett asked to be excused from the Executive Session. 19. ADJOURNMENT ; " Following the completion of the Executive Session, the meeting was adjourned at the hour of 3:55 p.m. / READ AND CERTIFIED ACCURATE BY: ( . %.f.�, / F,,} _Vs /7 COUNCIL MEMBER DATE ATTEST: i., ��.� _ �:�. / COUNCIL MEMBER 4 D E K alte?".. , ,d ' IA _1..: I .0 l i , ' i .. ✓= CITY CLERK :• M I II INUTES PREPARED BYditit,�y.. DEPU CITY C • • A &M2/4 r