HomeMy WebLinkAbout02/12/1991 Business Meeting 301
CITY OF . YAKIMA, . WASHINGTON
FEBRUARY 12, 1991
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 Pat
Berndt, presiding, Council members Clarence Barnett, Henry
Beauchamp, Lynn Buchanan, George Pechtel and Bernard. Sims present
on roll call. Council member Skip Semon absent and excused. City
Manager Zais, City Attorney Vanek, City Clerk Roberts and Deputy
City,Clerk Lovell also present.,
2. INVOCATION/PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council member Pechtel.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt presented .a Certificate of Appreciation to Council
member Pechtel for his participation in the Eisenhower High School
Desert Shield Troop Support Rally. Mayor Berndt also commended
Mr. Pechtel for his instrumental role in the successful troop
rally held last Saturday in ° Sunfair Park.
4. CONSENT'AGENDA
Mayor Berndt referred to the items placed on the Consent Agenda,
questioning whether there were any additions or deletions from
either Council members or citizens present. There being none, the
City Clerk then ,read the Consent Agenda, items, including
resolutions and ordinances by title. •..It was MOVED BY SIMS,
SECONDED BY.BUCHANAN, THAT THE - CONSENT AGENDA, AS READ, BE PASSED.
The motion carried by unanimous roll call vote. Semon absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further
discussion.)
5. AUDIENCE PARTICIPATION
Larry Mathews, 805 South 17th Avenue, criticized Council's decision
.last week to spend $500,000 to buy four trolley buses. He has been
contacted by concerned citizens, and cautioned Council of a high
degree of public hostility on the issue. Mr. Mathews said that his
own research indicates the vehicles are of poor quality and
durability. He questioned the legitimacy of the sole source
designation, and warned that it could be grounds for a class action
suit against_ the. Council. Mr. Mathews also doubted Council
comments that the City of Union Gap was not interested in transit
service. On the contrary, Mr. Mathews said that Union Gap would
welcome the service. Mayor Berndt countered that Yakima taxpayers
should not be expected to provide transportation for shoppers to
travel to another. city. Council member Buchanan agreed that Union
Gap would welcome the buses, but is not willing pay for transit
service. Citing a good relationship with the City of Union Gap,
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3 0 2 FEBRUARY 12, 1991
Mayor Berndt stated, that she ; will make _contact to determine if
there is any interest. `Council '.member Sims questioned the
credibility of Mr. Mathews..comments,,,and asked for the identity of
the concerned citizens. Mr. Mathews stated that they preferred to
remain unnamed for fear of Council reprisal. Council member
Pechtel stated that much of Mr. Mathews information was erroneous,
including his letter to the Herald Republic published this morning.
City Attorney Vanek clarified the City's legal position on the sole
'source,issue. He said the state bid law allows the,waiver of bids
when they would be of no benefit or,purpose, even if there is a bid
requirement. Mr. Vanek stated that Fleet Manager Don Toney made
inquiries nationally to verify that the purchase specifications
qualify this as a sole source purchase.
Dr. R. G. MacKintosh, 201 South 24th Avenue, presented a petition
with 44 signatures requesting that the funds allocated for a water
slide at Franklin Pool be used instead for renovation of Miller
Pool. Dr. MacKintosh said that many citizens feel the funds should
be spent in the northeast area, which doesn't have the same
advantages as other areas of the City. Mayor Berndt asked if
opposition to the water slide at Franklin Pool would be eliminated
if the funding source was user fees rather than the General Fund.
Dr. MacKintosh replied that. the funding source was not his concern
as much as the issue of fairness. Dr. MacKintosh was not opposed-
to the slide itself, .however, he felt that a pool for northeast
residents was a higher priority. Dr. MacKintosh read portions of a
letter he submitted to the newspaper expressing his opinion on the
subject. Mayor Berndt thanked him for his comments.
Richard Andring, 203 South 8th Avenue, said that placing the water
slide at Miller Pool would enable a large attendance increase, as
opposed to Franklin Pool, which already operates at near capacity.
Mr. Andring spoke again to Council about the sidewalk damage caused
by a, construction project in his neighborhood. Mr. Andring
cautioned Council that. the City, may be liable if anyone, is injured
• on `the sidewalk. Mayor Berndt replied that staff has investigated
his complaint, and Mr. Andring will receive a copy of the staff
report. She suggested that it would be reasonable to delay the
repairs until the construction project is complete. Mr. Andring
asked why he did not receive a reply to the letter he mailed to
City Manager Zais. Mr. Zais replied that Mayor Berndt responded on
behalf of the City. Council member Sims advised Mr. Andring that
sidewalks are the responsibility of individual property owners.
Larry Mathews mentioned that the City was held liable for damages
incurred on a Front Street sidewalk in the late 1950's. In
closing, Mayor Berndt stated that i _she . will bring a shovel to the
site and clean the sidewalk herself.
Al Schoenhuth, representing the Yakima Health District, gave an
overview of the continuing water problems occurring north of the
fairgrounds. In January, the Health District received complaints
of bad tasting water from Alder Street residents. The problem was
directed to the Department of Ecology (DOE), 'since they have
primacy in the enforcement of ground water standards. Several
wells were tested, and the findings indicated the, presence of
chloroform. The DOE sent letters to residents informing them that
the amount of chloroform measured in the w was in excess of the
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FEBRUARY 12, 1991 3 0 3
new DOE ground water standards, which are more stringent than the
drinking water standards enforced by "the' EPA. Although the ground
water standards are in violation, public health risks according to
drinking water standards are not excessive. The Health District
advised the residents to take precaution and not use the water for
most domestic purposes because of a bacterial problem. He stated
that bacterial problems in the area date back to 1917. There is no
documented source for the bacteria, however, some residents feel it
could be coming from broken or improperly capped sewer lines. He
stated that water runs underground through a lake of gravel that is
300' deep. Soils in the area are extremely porous, and anything on
the surface travels quickly -to the ground water. The Health
Department recommends that residents connect to an acceptable
source of water to correct the problems. Council member Pechtel
asked if an "imminent threat" has been declared, which would assist
in obtaining emergency funding. Mr. Schoenhuth replied that since
this problem has been going on for many years, Dr. Atwood has not
declared imminent threat. Mayor Berndt thanked Mr. Schoenhuth
for sharing this information with Council.
Loren and Alma Gayken, 1403 East Adams, and Allyson Watson, 1404
East Adams, requested Council assistance with resolution of the
water contamination problems. All three individuals spoke of
problems in their homes, and concern for the health of their
• families. Mrs. Gayken stated that the most recent problems began
in late 1990. Mayor Berndt acknowledged their frustration, and
suggested that it would be helpful if the Health District or the
--DOE declared a state of emergency to allow access to emergency
funds. Council member Barnett felt it was imperative to bring the
agencies together who can help to resolve the situation. As
members of the Board of Directors, Mayor Berndt and Mr. Barnett
will ask the Health District to meet with the residents and
address the problem. Mayor Berndt stated that Block Grant
Manager Kracht is available to assist with • preparation of the
necessary applications for a grant to build a new domestic water
system. Dr. Mackintosh, a longtime Yakima resident, spoke of well
contamination problems in the area over the past 70 years caused by
naturally occurring water flow through underground streams.
6. REPORT FROM DEPARTMENTS OF ENGINEERING AND FINANCE REGARDING
OPTIONS FOR PAYMENT OF IRRIGATION MAINTENANCE ASSESSMENTS
Budget and Finance Director Hanson stated that this issue was
raised last year during the irrigation assessment hearing. Staff
prepared the proposal to allow the public to make more than a
single irrigation assessment payment. The recommended option
allows multiple payments without requiring any ordinance or billing
changes. Mr. Hanson confirmed that the 10% penalty will be based
on the total assessment rather than the balance due. It was MOVED
BY BUCHANAN, SECONDED BY SIMS, TO ADOPT OPTION NO. 1 WITH A MINIMUM
PAYMENT OF $10 ON THE FIRST PAYMENT. The motion carried by
unanimous voice vote. Semon absent. Mr. Hanson stated that this
process will be reevaluated after one season.
* 7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
RAILROAD /HIGHWAY CROSSING AGREEMENTS WITH WASHINGTON CENTRAL
RAILROAD
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3 0 4 FEBRUARY 12, 1991
RESOLUTION NO. D -5875, A RESOLUTION authorizing the execution of
three construction and maintenance agreements for railroad- highway
grade crossing improvements.
*8. SET DATE OF PUBLIC MEETING FOR FEBRUARY 26, 1991 ON REZONE OF
PROPERTY IN VICINITY OF I -82 AND EAST "A" STREET REQUESTED BY FIRST
WESTERN DEVELOPMENT
February 26, 1991 was set as the date of public meeting on a rezone
of property in the vicinity of 1-82 and East "A ".Street, requested
by First Western Development.
*9. SET DATE OF PUBLIC MEETING FOR FEBRUARY 26, 1991 ON ' PRELIMINARY
PLAT APPROVAL FOR SUNCREST 2, IN VICINITY � SO. 28TH'AVENUE AND
MEAD REQUESTED BY UNITED BUILDERS
February 26, 1991 was set as the date of public meting on a
preliminary plat approval for Suncrest 2, in'the'vicinity of So.
28th Avenue and Mead, requested by United Builders.
*10. SET DATE OF PUBLIC HEARING FOR FEBRUARY 19, 1991 ON NORTH FRUITVALE
PHASE 1 ANNEXATION
February 19, 1991 was set as the date of public hearing on the
North Fruitvale, Phase 1 annexation.
*11. APPROVAL OF FINAL CONTRACT PAYMENTS (STANDARD MOTION V -B -- ACCEPT
CONTRACTS AND APPROVE FINAL PAYMENTS:
A. 16TH AVENUE RESURFACING PROJECT
The report from the City Engineer dated January 23, 1991, with
respect to the completion of the work on the 16th Avenue
Resurfacing Project, performed by Superior Paving Company, was
approved, the work accepted and payment of the final. estimates as
therein set forth was authorized.
•
B. BROWNE AVENUE RECONSTRUCTION
The report from the City Engineer dated January 23, 1991, with
respect to the completion of the work on the Browne Avenue
Reconstruction Project, performed by Superior Paving Company, was
approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
•
12. OTHER BUSINESS
Council member Sims referred to the Roosevelt School construction
" project,: and asked the status of a report 'from staff
on the Yakima School District request for dissoluition of that
irrigation district. Engineering and Utilities Director Covell
said the report will be ready within the next two weeks.
• Council member Barnett requested a meeting with staff prior to the
Cost of Service Study meeting with the County Commissioners next
Tuesday. Since Monday is a holiday, Mr. Barnett suggested that
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FEBRUARY 12, 1991 3 0 5
perhaps the meeting should be postponed until the Council members
are properly informed and prepared. City Manager Zais said that
Tuesday is intended to be a discussion day rather than a decision
day. Mr. Covell will have the County report delivered to
. : Council memberi.tomorrow, and City Manager Zais will try to
- - schedule small group meetings.-
Council member Pechtel recommended acceptance of the five
applications submitted. for the Rebound Plus Board of Appeals.
Mayor Berndt questioned the application from a Wapato resident,
- •preferring that appointees reside in the Urban Area. It was-MOVED
BY PECHTEL, SECONDED BY SIMS, TO APPOINT RALPH THOMPSON, VICTOR
LARA, BARBARA CLINE AND JERRY TALBOTT TO THE BOARD OF APPEALS FOR
THE REBOUND PLUS PROGRAM, AND TO CONTINUE" TO SEARCH FOR A FIFTH
MEMBER. The motion carried by unanimous voice vote. Semon absent.
Council member Pechtel suggested a review of the City residency
requirements to serve on boards and commissions. Since it is not
mandated by state statute, Mr. Pechtel felt the City requirements
were overly restrictive and prevented qualified property and
business owners from serving. City Manager Zais stated that this
is a rule of procedure established by Council policy. Council
member Sims recommended a staff review of the residency
requirements with a report back to Council.
Council member Pechtel said that comments he has received in the
last week verify a generation gap that should be recognized by the
Council. In looking to the future, Mr. Pechtel feels that needs
and concerns of elderly and low income citizens must be considered.
Information Items:
Items of information supplied to Council were: Memo from
Supervising Planner regarding Status Report on Program for Special
Valuation of Historical Properties. 2/8/91; Letter to Mr. Cyper
responding to his inquiry regarding connection to City water for
property annexed to the City. 1/30/91; Memo from Personnel
regarding Defensive Driving Training. 1/39/91; Monthly Permit
Report for January 1991; and Agenda for the January 31, 1991 Air
Terminal Board Meeting and minutes of its January 24, 1991
meeting.
13. ADJOURNMENT
It was MOVED BY BUCHANAN, SECONDED BY PECHTEL, TO ADJOURN TO
TUESDAY, FEBRUARY 19, 1991 AT 7:30 A.M. AT THE YAKIMA CENTER FOR A
JOINT MEETING WITH THE COUNTY COMMISSIONERS. The motion carried by
unanimous voice vote. Semon absent. The meeting was adjourned at
3:37 P.M.
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307
CITY OF YAKIMA, WASHINGTON
ADJOURNED MEETING • - J:
FEBRUARY 19, 1991
The City Council met in session on this date at 7:30 A.M. in the Yakima
Center Conference Room with Yakima County Commissioners regarding the Cost
of Service Study and County Report. Mayor Pat Berndt presiding, Council
members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, George Pechtel
and Bernard Sims present. Council member Skip Semon absent and excused.
County Commissioners Alex Deccio, Chuck Klarich and Graham Tollefson
present. City staff 'members in attendance were City Manager Zais,
Assistant City Manager Stouder, Community and Economic Development
Director Rice, Wastewater Supervisor Waarvick and Deputy City Clerk
Lovell. County staff members in attendance were Dan Hesse, Dick Anderwald
and Dema Harris.
Mayor Berndt thanked the County Commissioners for their attendance, and
explained that the purpose of the meeting was not to reach a decision or
get into a debate. Rather, the Council members look forward to discussion
of the information and the opportunity to ask questions of the experts.
I _
Yakima County Public Works Director Hesse distributed a summary of the
fundamental ,differences between the surcharges determined in the two
consultant studies. Mr. Hesse highlighted the major areas of dispute:
1. Volume Allocation - HDR used 505 gallons per day (g.p.d.) for
' outside -City customers and 345 g.p.d for inside -City customers.
Mr. Hesse stated that figures the County received from Nob Hill
Water show the actual flow rate to be substantially lower. The
County feels that 202 g.p.d. usage during the four dry months of
the year should be taken into account in determining usage.
2. Inflow /Infiltration (I /I) - HDR assigned an amount based on a
per connection basis spread over the entire system. The County
believes that studies verify I/I impact to be most severe in the
. older areas of the system. City Wastewater Manager Waarvick
explained that I/I is infiltration and inflow through cracks in
pipes and old connections. Since the West Valley area generally
has a lower ground water table, and experiences less I/I than older
areas, the County feels a more equitable approach would be to
allocate I/I based on an average of area and flow.
3. Strength Allocation - The biochemical oxygen demand and
suspended solids factors change when the flow is revised.
4. Transmission Line Maintenance /Operation Expense - Mr. Waarvick
described the transmission system as the larger pipes, such as, the
West Valley interceptor, that -are installed to transport the larger
volumes of collected waste water. The HDR study allocates 15% of
the M & 0 expense inside the City, and 85% of the expense outside
of the City. 'In " contrast, the County feels that the newest and
most expensive lines should actually require the least amount of
maintenance.
Mr. Hesse summarized the County's proposed surcharge structure. Based upon
the 12% In -Lieu of Tax being agreeable, the County suggests a revised
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3 0 8 FEBRUARY 19, 1991 - ADJOURNED MEETING
Transmission Plant M & 0, the City.residential flow of 345 g.p.d. and the
City's per connection I/I to reach a surcharge of 35 %. This contrasts
with the 107% surcharge suggested by the HDR report. Mr. Hesse also gave
examples of revised factors which adjust the surcharge to either 31% or
32 %. He stated that one of the greatest differences in the City and County
reports is the transmission expense allocation, which the City estimates
at 85% County - 15% City; the County estimates at 90o City - 10% County.
Mr. Waarvick estimated that approximately 50% of the large lines are less
than 10 years old. All lines require regular maintenance to maximize
flow. Tony Krutsch, HDR Project Manager, explained that the Cost of
Service Study is based upon the 1989 actual costs incurred by the City in
operations, maintenance and capital - development costs. Commissioner
Klarich noted that the Beck study emphasized that immediate implementation
of the I/I program was necessary to make this a viable utility. He
further stated that system users have been paying an unnecessary share of
treatment costs because the I/I program was not implemented when the plant
was constructed. Council member Sims countered that open farm ditches
have created a water table problem that must be addressed before health
problems occur. 1 _+
Treatment Plant Manager Waarvick stated that the Beck recommendation
assumed that I/I was something that could be eliminated relatively easily.
Actual experience has proven this assumption to be incorrect. - He stated
that the majority of costs go to treating what. is in the water, not the
water itself. City Manager Zais said that the City is not suggesting
that the.Beck study is flawed, however, some problems have been identified
and are being corrected. Mr. Krutsch added that the current practice to
eliminate I/I is a long term, permanent commitment.
County`Public Works Director Hesse suggested that flow charges should be
spread throughout the system the way the City proposes to spread the I/I
charges. Mr. Krutsch said that annual water consumption records available
to the City were used as the basis for identification of customer flows.
The records showed annual County consumption at 505 g.p.d. and annual
City consumption at 345 g.p.d. Given the large discrepancy in consumption
levels, Commissioner Klarich suggested a reevaluation of the estimates.
Since the two technical reports reach significantly different conclusions,
City Manager Zais suggested that both jurisdictions review and reevaluate
the information.
County Public Works Director Hesse turned the discussion to the
operational expense for the collection and transmission system. He felt
that charging the highest maintenance costs' " to the new system was
unreasonable, when the older system was likely to have higher expenses.
County Commissioner Klarich observed that County customers pay the same
base rate, which includes capital recovery and bond redemption, charges.
Mr. Krutsch clarified the cost of providing service to County customers
as determined in the HDR study. Mr. Klarich stated that the figures were
based on three assumptions that - were not necessarily correct: (1) an
equal amount of infiltration in the City and County; (2) maintenance
costs in the County based on the cost of installation. of the system; and
(3) an assumption that the rate the County has paid for years did not
include bond redemption money.
Council member Barnett asked for clarification of the Capital Cost
Recovery Charges (CCRC). Mr. Waarvick explained that City residents
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FEBRUARY 19, 1991 - ADJOURNED MEETING 3 0 9
within a certain boundary' do' not pay CCRC'charges. This border was drawn
by Council legislation in the late 1970's and has not been adjusted. The
HDR study recommends that the' City'consider'a system wide hook -up fee to
replace the CCRC. City Manager Zais observed that the number of new
customers anticipated in the Beck study did not materialize. The single
j driving element that could reduce the surcharge, and better distribute
costs, would be an increase in hook -ups in West Valley. If the entire
area :would be hooked up, the surcharge could eventually disappear.
Forming a West. Valley sewer district will run counter to this objective.
Commissioner Deccio stated that the West Valley group is working on their
own, and<the Commissioners are not taking a position, but will provide any
information or support that is requested.
Since a decision will not be made today, Commissioner Deccio requested
that the Council members carefully consider the County study before a
new surcharge rate is established. Since the Commissioners have clearly
stated their position, Commissioner Deccio did not feel that another
meeting was necessary.
HDR Representative Tony Krutsch stated that the EES report has raised some
issues that need to be clarified, and the City will examine each item.
CCRC charges will be examined to determine where they are being applied,
and if any credits should be given to County residents. Mr. Krutsch
indicated that HDR may be suggesting some modification to the surcharge
recommendation. City Manager Zais observed that this study is long
overdue, and the surcharge' issue should be reevaluated every few years.
Commissioner 'Tollefson cautioned 'Council to examine the political reality
of the and listen to the comments of Nest Valley residents.
The West Valley interceptor probably does not have the capacity to fulfill
all of the - promises made by the utility. Mr.<Krutsch said that the only
way a West Valley'sewer district could get service - would be to buy the
:,`interceptors '!from the City and use City services for treatment. At the
same time, they would 'have to assume responsibility :for operation and
maintenance of the collection and transmission system. The cost to
provide service to a sewer district would be exactly the same the cost
to provide service to outside City residents.
Mayor Berndt thanked the County Commissioners and staff for their
attendance. There being no further business, the meeting adjourned at
9:05 A.M.
7
READ AND CERTIFIED ACCURATE BY: �� � / I
COUNCIL ' MEMB R j • !SATE
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C UNCIL M�v :ER DATE
ATTEST: e
DEPUT CITY CLERK MAYOR
•
Minutes prepared by Deputy City Clerk Lovell
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