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HomeMy WebLinkAbout02/26/1991 Business Meeting 316 CITY OF YAKIMA, WASHINGTON FEBRUARY 26, 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, Skip Semon and Bernard Sims present on roll call. City Manager<Zais'Cit`Attorney Vanek, City Clerk Roberts and Deputy Clerk Lovell also present. 2. PLEDGE - OF ALLEGIANCE The Pledge of Allegiance was led by Council member 3. OPEN DISCUSSION FOR THE GOOD OF ORDER Mayor Berndt suggested that Council move into Executive Session at this time in order to help with the continuity of the meeting. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE INTO EXECUTIVE SESSION 'FOR'" APPROXIMATELY.` 10-15 MINUTES '``REGARDING PROSPECTIVE LITIGATION, WITH IMMEDIATE RESUMPTION THEREAFTER.. The motion carried by unanimous voice vote. The meeting'was'adjourned into Executive Session at 2:03 P.M. -, • The meeting' reconvened in open session at 2:18 P.M.'' Mayor Berndt announced -that a - meeting has been scheduled with the citizens of the E. Adams/ Alder Street area, the Yakima Health • District and State Health representatives to address well and water contamination problems. The meeting will be held on March 4th at 7:00 P.M. in the City Hall Council Chambers. Mayor Berndt mentioned that the final Law and Justice Forum will be . held' this evening at Franklin Middle School. Council member Pechtel will be the'Council representatie:' Mayor Berndt commended Block Grant Manager Dixie Kracht for receiving the "Citizen of the Year" award presented by the Yakima Association of Realtors. 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. City Attorney Vanek requested removal of Item No. 14 from the Agenda. It was the general consensus of Council to remove Item No. 14, as requested, from the Agenda. 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. (Subsequent paragraphs preceded by an asterisk ( *) indicate items AAD /1 FEBRUARY 26, 1991 3 1 7 on the, Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF MINUTES OF FEBRUARY 12, 1991 ADJOURNED AND REGULAR COUNCIL MEETING. The Council minutes of February 12, 1991 Adjourned and Regular Council meetings 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 Phil,,Pleasant, 701 South 7th Avenue, acknowledged Black History Month by recognizing important contributions in Black History by Frederick Douglass and H. Rap Brown. Mayor` Berndt noted that Yolanda King will be appearing in Yakima on March 1st, and Assistant City Manager Stouder has tickets available for purchase. William Long, 804 South 10th Avenue, requested permission to use spray paint,,,to paint house numbers on curbs. He felt that spray paint would give better results than the brush or rollers . required by Municipal Code. City Attorney Vanek stated that a new ordinance would be required to allow this exception. Since many individuals have been able to work successfully within the limits ,:of the ordinance, Council denied the request. 7. PUBLIC MEETING ON HEARING EXAMINER'S RECOMMENDATION PERTAINING TO THE FIRST WESTERN DEVELOPMENT I -82 /EAST "A" STREET REZONE REQUEST _This.being,the_date,set for public.meeting;Associate Planner Larry Lehman 'stated that this is'a request to rezone, approximately 11 ' acres of property in the vicinity of I -82 /East "A" Street. The request was filed by First Western Development Assopiates.on behalf of the property owners, Gary. and Mary `Lukehart. ) 'The Hearing Examiner has recommended,approval.based upon a public hearing held on January 16, 1991. He has recommended that a concomitant agreement be executed as a.condition of approval. Mayor Berndt opened the public" meeting and asked if there was anyone present to speak to the issue. The property owner, Gary Lukehart, 271 Running Springs Lane,.Naches, spoke in favor of the rezone. Mr. Lukehart indicated that he plans to develop this property for commercial use. Mayor Berndt asked if there was anyone else present who wished to speak. There being none, Mayor Berndt closed the public meeting and asked Council members if they have had any outside contact on this issue. All reported no contact. It was MOVED BY BUCHANAN, SECONDED BY PECHTEL, TO ACCEPT THE. HEARING EXAMINER'S REPORT, INCLUDING THE CONCOMITANT AGREEMENT. The motion carried by unanimous voice vote. Ordinance No. 3341, having been read by title, it was. MOVED`BY SIMS, SECONDED BY BEAUCHAMP,'TO ADOPT'THEORDINANCE. The motion carried by unanimous roll call vote. NO. 3341, AN ORDINANCE rezoning 11 acres of land north of "A" _Street and west of Interstate `82 in the City of Yakima, AAD /2 3 1 8 FEBRUARY 26, 1991 l � Washington from Light Industrial (M -1) to Central. Business District Support (CBDS) and amending the zoning map of the City of Yakima. 8. PUBLIC MEETING ON HEARING EXAMINER'S RECOMMENDATION PERTAINING TO THE PRELIMINARY PLAT FOR UNITED BUILDERS SUNCREST II This being the date set for public meeting,. Supervising Associate Planner Joan Davenport explained that this is .a preliminary subdivision plat for property in the vicinity of South 28th and Mead Avenues. The preliminary plat is for 27 new, single - family lots in the R -1 zoning district,' the extension of South 28th Avenue, and two minor cul -de -sacs. The public roads are proposed to be improved with sidewalks on the main roads and on half of the cul -de -sacs. This property was annexed into the City in 1988. In 1985, the County Commissioners approved essentially this same subdivision. A public hearing was held before the Hearing Examiner on .January 30, 1991, and he recommends • approval of the subdivision plat. Ms. Davenport explained that preliminary plats.are good for three years, so the applicant has three years to either build or bond the improvements. At that time, the Planning Manager has the authority to sign'the subdivision plat. Mayor Berndt opened the public meeting and asked if there was anyone present to speak in favor of the subdivision application. Wayne Deason, of Huibregtse - Louman Associates, spoke on behalf of United Builders, and .concurred: with the .Hearing .Examiner's decision. M. Deason thanked the City Planning and Engineering Departments for their assistance with this project. Mayor Berndt asked if there was anyone present to speak in opposition to the subdivision application. There being none, Mayor Berndt closed the public meeting. Resolution No. D -5880, having been read by title, it was MOVED 'BY BUCHANAN, • SECONDED': BY . SIMS, , TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. D -5880; A RESOLUTION approving the preliminary plat and preliminary subdivision submitted by United Builders of Washington (Suncrest II) for 27 lots at South 28th Avenue, South of Mead Avenue, subject to all of the conditions contained in the Hearing Examiner's Recommendations; and authorizing the Mayor to sign the preliminary plat. 9. PUBLIC MEETING ON 1990 COMMUNITY. DEVELOPMENT BLOCK GRANT PERFORMANCE REPORT This being the date set for public meeting, Block Grant Manager Dixie Kracht explained that an official Grantee Performance Report is completed at the end of a program year. Ms. Kracht was .particularly proud:of this,year's,report because it illustrates the „ pr` ogress. has been `made by team effort in the, ,' community. She attributed much of the - success to the efforts of her staff members. Ms.- Kracht the completion of 17 single family rehabilitations," 23 elderly /,handicapped, health and, safety, repairs, improvements to 41 rental property units and development of the first -time homeownership program. The $616 ;000 allocated this year through federal Block Grants, was.leveraged,to inves $2.5 million into •the community. In .spite of this level of success, Ms. Kracht emphasized that a great deal remains to be done. Mayor Berndt asked AAD /3 FEBRUARY.26, 1991 3 1 9 if there was a clearinghouse for houses.to be moved,.to insure that sound one are salvaged._ Ms. Kracht stated that a subcommittee has been formed to address the problem.. Over 200 homes have been identified that'will be removed from the community over the next two .years. They plan to form a foundation -type organization to solicit public, private and corporate . funding to.secure and fill lots, and to move the sound buildings. Mayor Berndt opened. the public meeting and asked if there was anyone present wishing to comment. There being none, Mayor Berndt closed the public meeting. It was MOVED BY BUCHANAN,' SECONDED BY SIMS, TO ACCEPT 'THE GRANTEE PERFORMANCE - REPORT AND AUTHORIZE THE CITY MANAGER TO SUBMIT THE REPORT TO THEM. DEPARTMENT OF HOUSING AND' URBAN DEVELOPMENT. The motion carried by. unanimous voice vote. ,10..:RECONSIDERATION .OF,. RESOLUTION TO DISSOLVE ,IRRIGATION, DISTRICT NO '622 REQUESTED`. BY; YAKIMA SCHOOL . DISTRICT; N0. ,7 `,(CONTINUED FROM 11/27/90) 0 * , Water Division Manager Ty Wick stated that this item was reviewed by Council last November, when it was tabled pending additional • information. The requested information was provided in the material' prepared for today's meeting. It was MOVED BY SEMON, SECONDED BY BEAUCHAMP, TO REMOVE THIS ITEM FROM'THE TABLE. The motion carried on a 6 -1 voice vote; Buchanan voting nay. Mr. Wick stated that dissolution of the district would have a very small • impact on the canal company.. An alternative proposal would be to continue the district in a non-operating status, charging the . district their share in the canal company plus a minimum administrative fee. 'Mt. Wick stated that the district's reserve balance is in excess of $6,000, and earned interest would.cover the . annual charge.. Council member Buchanan was concerned that the point of diversion of the water would have to be changed, and DOE is deferring all decisions at this time. 'Mr. Buchanan observed that if the.district is left "as is," it should be able to handle its own.payments until the Acquavella case is settled. He would rather see this issue left alone, rather than take a chance of losing even a small amount of water. Council member Barnett was concerned that this action would require additional City water, and DOE will not consider transfer of water rights until the legal decision is reached. Mr. Barnett said that the Water Resource Policy Act of March, 1988 created a moratorium'on reservations of water for future use. Mr. Wick thought the moratorium had been lifted, but in - any case, would not apply to the Yakima Basin since the DOE will not act prior to the Acquavella decision.. Council member Sims asked about ownership of the water.rights if the district is dissolved. Mr. Wick replied that the canal company holds the water rights' in their name,_ while the City owns controlling shares.of stock in the company. John Klingele, 1312 West Walnut, stated that there will be no additional cost to the Yakima School District if Council fails to dissolve this district. Mr. Klingele urged Council to delay any action on dissolution until a decision is. reached by the Council and citizens regarding the future direction of the irrigation system. Betty Gaudette, 701 North 6th Street, asked several AAD /4 3 2 0 FEBRUARY 26, 1991 .questions regarding water treatment charges. Council member Buchanan stated that the School District pays a substantially lower rate and is subsidized by other water users. Mrs. Gaudette felt that dissolution of this district and using more domestic water for irrigation T would invite more subsidizing. She cautioned that annexation further extends.already limited water rights owned by the City. City Attorney Vanek confirmed that annexation does not require the surrender of water rights to the City. Mrs. Gaudette urged Council to delay action until the pending legal case is , . ,adjudicated.,and a decision made on the future of the City's system. , , _,Council member Buchanan- suggested another. Council' briefing on water issues and rights. 'Mr. Buchanan said,that,,.if the , City, dissolves the district, there is a possibility of losing rights because they may not be able to be picked up at a point where they - can be used in the domestic system. It was MOVED BY BUCHANAN, SECONDED, BY BARNETT, TO PUT THIS ITEM BACK ON THE TABLE UNTIL SOME FUTURE DATE WHEN IT IS DOE WILL ACT ON ` "IT. Mr. Buchanan said that this decision will not cost the School District any money, and will preserve future water rights for the City. The motion carried by 6 -1 voice vote; .Semon voting nay. 11. ,,AWARD 1990 WASTEWATER FACILITIES GRANTS PROJECT CONTRACT ,. `CONSIDERATION "OF RESOLUTION AUTHORIZING EXECUTION "OF CONTRACT FOR ' THE 1990 WASTEWATER `FACILITIES GRANTS PROTECT Wastewater Superintendent Chris Waarvick opened the discussion with a briefing on the plans for the Wastewater Treatment Plant construction. Mr. Waarvick said that planning has been ongoing for two years, and the project grant application was approved last fall. In January, bids were received that were much higher than anticipated in pre -bid development. Cost increases were attributed to inflation, the complexity of .construction in an operating environment and` certain electrical instrumentation and control features. All costs have risen since the initial evaluation, and all are necessary.to meet. operational and regulatory requirements. Council member Semon was concerned that the professional cost estimates were almost 50% lower than the bids. Since the bids were within 9.5% of each other, Mr. Semon considered them to be fairly accurate. He then asked which figures were used in the EPA grant application. Mr. Waarvick replied that the $7.2 million figure was used in the application, but discussions with EPA and DOE have shown a willingness to consider the - increased costs. Approximately half of the additional $3 project cost will be funded by an increase in the DOE grant. Tony Krutsch, HDR project manager, explained that cost estimates made in 1988 did not hold .true over the length of the design phase. Underestimated electrical costs were the primary reason for the large discrepancy in bid figures. . Mr. Waarvick observed that changing regulations have an impact on planning that spans a two year period. City Manager Zais reminded Council that the $10.7 million contract amount could still actually increase depending on the site condition and any new regulations that may be imposed by EPA and DOE. While Mr. Zais is cautious about unanticipated costs in construction projects, the City has a legal and mandated requirement to conform to the federal and state AAD /5 FEBRUARY 26, 1991 3 2 1 regulations. The risk in rejecting the bids might be an increase in.project cost and diminished EPA and DOE funding. • Dean _Von Kallenbach, representing Pease and Sons, was present to protest the. proposed award of this contract - .to Humphrey • Construction. Pease and Sons feels that their company complied with the contract requirements in terms of bidding; while Humphrey Construction did not. Pease is particularly concerned with the requirement in :the bid document that - contractors award 1O% of the contract value to MBE's (Minority Business Enterprises) and 6% to WBE's (Women Business Enterprises). The City's attorney has stated that Humphrey submits a certificate stating that he has made a • good faith attempt to meet that requirement, the bid is'responsive. Pease and Sons• believes that this - allowance places form over • substance, and Mr. Von Kailenbach questioned whether a good faith effort was actually made to meet these requirements. He said that Humphrey" simply sent -out letters and made phone calls, but made no further efforts to meet" the goals. .While Pease recognizes that that these requirements .are not absolute goals, each bidder pledged to use their best efforts to meet these goals. He noted that Pease and Sons was the only bidder that met both goals. By contrast, Humphrey has only a .3% MBE compliance in their contract. Mr. Von • Kallenbach reminded Council of the purpose of the Public Bidding Law: '(1) to- obtain the best work at the lowest - price for public agencies; and (2) to provide fairness in the forum. He said that the construction industry recognizes that MBE's are more expensive, • and meeting the contract goals was -the reason that the bid submitted by Pease was slightly higher than Humphrey. While they have submitted the higher price, Pease feels they have the best price' because it more appropriately meets the requirements which were'set forth by "the City. - John: Cristello, ProjectstManager for 'Pease and Sons, agreed with Mr. Von Kallenbach's comments, and described .the efforts made by his company to meet the bid requirements. They feel that the WMBE requirements should :be improved, but in the meantime, will continue to strive to meet current regulations.- Mr. Cristello • encouraged the Council to consider awarding contract to Pease and Sons in the interest of fairness and equity. Joe Yazbeck, representing Humphrey Construction, objected to the " protest, stating that it was clear in the contract specifications that.the' 10% requirement :was a.,goal,.'not'an: • requirement. The only requirement of the contract and EPA regulations was Certain " ' •: efforts, °which were met by Humphrey III Construction .Mr : - Yazbeck . advised Council that) contractors are only "required to' contact MBE's and: WBE's;:not+to,hire'them - if they are Y: more expensive than .other bidders: - He stated - that,. Humphrey . Construction solicited' bids• from 47, MBE companies •in good faith effort _to the contract goals.• Mr. :'- Yazbeck concluded that Humphrey Construction was the low responsive;tresponsible bidder, and urged Council to award the contract on that basis: Council member Beauchamp affirmed-the .City's hcpe . that all contractors will make an honest effort to meet these goals in the - spirit of equal employment opportunity. Mr. Yazbeck replied that Humphrey Construction understands that the City has a strong desire AAD /6 3 2 2 FEBRUARY 26, 1991 to see positive results from this program, and pledged to continue efforts to award some of this work to qualified local MBE's. Council member Beauchamp requested a position statement from the City's legal counsel. Tom Wolfendale, from the Preston- Thorgrimson law office, stated that the timeliness issue was not an appropriate ground for Council to determine any negative impact to Pease. Regarding the substantive issues raised by Pease, Mr. Wolfendale stated that nothing was said today as a matter of law that would preclude Humphrey Construction from continuing to remain as the low; responsive and responsible bidder. City Manager Zais addressed the financing element 'of the project, which must be considered regardless of the contractor selected. Since the engineer's estimates were much lower than the actual bids, staff spent considerable time reviewing options. Since local participation will remain at approximately %, staff:attempted to establish a financing plan that would not require an additional sewer rate increase. The City's share of the project increases by $1.8 million to a total of $7.5 million. Mr. Zais said that add -ons raise the total project cost to $13.4 million. A $1.8 million grant increase request has been submitted to EPA, bringing the total grant award to $5.9 million. In addition, the City previously applied for and received a $900,000 Public Works Trust Fund Loan to be repaid at 1% interest. Contingency Capital Improvement Reserves will be increased by'$500,000, raising that contribution to $2.1 million. The revenue bond will be increased by $1.3 million to a total of $4.5 million, to be paid for over a 20 year period. The new annual debt service on the bond will be $365,000, bringing the 'annual figure for the system to approximately $1 million. The City has a requirement to maintain the debt service at 2.0. This proposed schedule will allow the City to maintain the financial plan that was previously adopted, but depends upon going forward with the cost of service study and future rate adjustments that have been previously recommended. - Council member Barnette commented that he hopes the public understands that the majority of the project costs are due to mandated requirements. The burden of sewage disposal is due to state and federal regulations, not items initiated by City staff. City Manager Zais concurred that this is driven by national standards for the Clean Water Act adopted and mandated by Congress. Resolution No. D -5881, having been read by title, it was MOVED BY BUCHANAN SECONDED SIMS, "10 ' ADOPT' ° THE RESOLUTION The motion carried by 6 -1 roll call vote; Beauchamp voting nay. It was MOVED BY BARNETT, SECONDED ., . BY . : "BUCHANAN; "10 APPROVE ' STAFF RECOMMENDATIONS TO 'SUBMIT THE GRANT - INCREASE , REQUEST 'EPA IN T AMOUNT OF :,$1,841,944; "" TO INCREASE' AND' ' PREPARATION OF AN APPROPRIATION 'ORDINANCE TO :INCREASE CITY` `CAPITAL' CONTRIBUTIONS BY $500, 000 FROM'' THE ' "SEWER 'CONSTRUCTION' 'CONTINGENCY ti RESERVE; AND DIRECT PREPARATION "'OF :APPROPRIATE. LEGAL 'BOND ' DOCUMFNTIS 1n ISSUE A $4.5 MILLION' BOND WITHIN THE NEXT •90 'DAYS. The motion carried by unanimous voice vote. RESOLUTION "`NO D 5881, A authorizing the execution of a contract for public works with Humphrey Construction, Inc. for the 1990 Wastewater Facilities Project upon certain conditions. AAD /7 FEBRUARY 26, 1991 3 2 3 12. REPORT FROM FINANCE DEPARTMENT AND DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ON STAFFING AND EQUIPMENT NEEDS FOR GROWTH MANAGEMENT A n CT,MAPPING REQUIREMENTS'. :, 'A: CONSIDERATION OF 'RESOLUTION AUTHORIZING - ')LEASE /PURCHASE OF AN ELECTROSTATIC PLOTTER "WITHOUT CALLING FOR BIDS. Assistant City Manager Stouder stated that this request has been _ presented in order to facilitate coordination of the Metropolitan Comprehensive Plan, meet requirements of the Growth Management Act and support the Visioning The GDMS system is a major tool in,,� s e endeavors, as well as daily in -house mapping activities. Council member Barnett complimented the quality of the staff report, and observed that this is yet another example of mandated requirements increasing the City's obligations. He asked if the amendments to the Growth Management Act pending in the State Legislature 'might make• the equipment- even more necessary. Mr. Stouder replied that the state -wide growth management requirement is here to stay, and staff feels the mapping system is the best way to meet metropolitan needs. City Manager- Zais added that a $27 million request has been presented to the Legislature to enhance growth management funding, and Yakima should receive funding if it is approved. Resolution No. D -5882, having been read by title, IT WAS MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote. RESOLUTION NO. D -5881, A RESOLUTION declaring an emergency and authorizing the purchase of an Electrostatic Plotter without calling for bids. *13. APPROVAL OF JANUARY 1991 BUDGET REPORT The January 1991 Budget Report was accepted for filing purposes. 14. CONSIDERATION OF ORDINANCE AUTHORIZING PURCHASE OF CHESTNUT MANOR FOR THE ELDERLY HOMEOWNERSHIP PROGRAM (ITEM AVAILABLE MONDAY) This item was removed from the Agenda. 15. OTHER BUSINESS Information Items: Items of information supplied to Council were: Memo from Debbie Moore regarding Alder Street Well Contamination. 2/21/91; EPA Superfund Fact Sheet. 2/13/91; Letter to Tandem Construction Company regarding Short Plat 89 -1, Public Sewer Main Extension. 2/19/91; Letter from DSHS to Dixie Kracht regarding participation in Community Development Week. 2/8/91; Letter from Yakima Valley Partners Habitat for Humanity to Dixie Kracht regarding 19901 achievements. 2/14/91; YCOG Newsletter, February 1991; Family in Touch, newsletter on Legislative issues, February 15, 1991; Legal Department Monthly Report for January 1991; and Agenda for February 27, 1991 Police & Fire Civil Service Commission meeting AAD /8 3 2 4 FEBRUARY 26, 1991 16. ADJOURNMENT It was MOVED BY BUCHANAN, SECONDED BY`SIMS,`TO ADJOURN TO MARCH 5, 1991, 11:30 A.M.' "`AT THE HOLIDAY INN FOR EXECUTIVE`` SESSION REGARDING PERSONNEL (CITY` MANAGER EVALUATION). The motion carried by unanimous voice vote. The meeting was adjourned at 4:20 P.M. READ AND CERTIFIED ACCURATE BY -/ . +���> 5V, / 1 COU IL MEMBER E COUNCIL mE ` A TE ATTEST NS ( 40 CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Lovell t , ,r t AAD /9