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HomeMy WebLinkAbout03/26/1991 Business Meeting 343 CITY OF YAKIMA, WASHINGTON MARCH 26, 1991 BUSINESS MEETING 1 ROLL CALL - The :City: Council!' met in" sessionon''this ldate - 'at 2:00' P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Council members Clarence Barnett, Henry Beaucha v, Lynn Buchanan, George Pechtel, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, and"Deputy City Clerk Lovell also present. 2. INVOCATION The Invocation was given by Council member Beauchamp. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt presented special commendations to Elizabeth and Justin Hansen, local children who honored troops in the Middle East by purchasing and tying yellow ribbons throughout the city. It was MOVED BY BEAUCHAMP,: SECONDED BY BARNEIT, "TD MOVE INTO EXECUTIVE SESSION FOR TEN MINUTES TO DISCUSS ''PROPERFY`ACQUISITION. - -. The - .motion ""carried° by ,unanimous `.voice vote. In order to accommodate the'latge number citizens'in the audience, Mayor Berndt requested that the public hearings be conducted prior to the Executive Session. Council agreed with the request. 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 Deputy 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 . mo carried unanimous 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 THE MINUTES OF THE MARCH ) 2, 1991 ADJOURNED COUNCIL MEETING The minutes of the March 12, 1991 adjourned Council meeting 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 In response to water contamination problems in the Fairview -Sumac area, Richard Andring, 203 South 8th Avenue, encouraged the City to develop code requirements for capping side sewer lines. AAD /1 MARCH 26, 1991 • 3 4 9 Mayor Berndt requested.reversal of the order of the p hearings since the annexation ordinance was expected to be brief. PUBLIC HEARING 8. PUBLIC HEARING ON ANNEXATION OF PROPERTY IN THE VICINITY OF SOUTH 48TH AVENUE AND NOB HILL BOULEVARD, REQUESTED BY WILLIAM ALMON This__ being the date set for public hearing, Associate Planner John Elsden reported that he had not to add to the staff report. ,Mayor. Berndt opened the public hearing, and asked if there was anyone present to speak to the issue. The property owner, William Almon, explained that his application includes 20 acres of land, and he.looks forward to becoming a City resident and eligible for City .services. Mr., Almon indicated that firm development plans have not been "prepared for .the site. Agnes Badgley, 901 Pleasant, • was not aware'of this specific site, but urged Council to require adequate water and sewer services in place prior to approval of any .annexations. There being no further comment, Mayor Berndt closed the public hearing. Ordinance No. 3349, having been read by title, i BY BUCHANAN, SECONDED BY SIMS, TO ADOPT ORDINANCE. The motion carried by unanimous roll call vote. • ORDINANCE NO. 3349, AN ORDINANCE annexing property to the City of Yakima and.zoning said property. 7. PUBLIC HEARING ON 1991 IRRIGATION MAINTENANCE ASSESSMENT ROLL (SEE ORDINANCE CONFIRMING ROLL) This being the time set for public hearing, Water Division-.Manager Ty Wick offered to answer questions about the (1991 - 'irrigation assessment roll. In reply to questions.from Council member Barnett, Mr. Wick stated that the.status of the Adams pipeline ownership is unchanged; the Naches Cowiche Canal Company still will not accept the return of water shares; and that annexation has no effect on the established irrigation system.. Mayor Berndt opened the public hearing and asked if there was anyone present,to speak to the issue. Bill Hambelton, 615 South 32nd _Avenue, asked questions concerning Districts #661 and #666, and the effect that rate increases will have on fixed and low income residents. Mr. Hambelton's primary : concern was a lack of time to. study the report .adequately, and he asked that the information.be distributed earlier next.year. Mr. Hambelton also encouraged,._long_range planning to address, water needs in future annexation areas. Council member Buchanan stated'that adjusting . rates 'annually does not guarantee .against large future rate increases. Instead, he favors standard annual rates to insure adequate reserves to handle unexpected expenses. On behalf of his neighbors, Mr.''Ibach, " 409 South 13th,Avenue, spoke about District #253. Most of the people in the neighborhood are retired and living on fixed incomes, and he urged Council to consider that fact when rates are set. Clayton Beck, 4 North 32nd Avenue, suggested renovation of the entire irrigation system to prevent major repair charges each year. Mr. Beck asked if his AAD /2 3 5 0 MARCH 26, 1991 ,rate increase. this year was for normal expenses. Mayor Berndt mentioned that a large increase from the Yakima Valley Canal Company was passed on to irrigation customers. Council member Sims reminded the audience_that ,the City does not own the irrigation systems, and that charges are distributed to owners of the individual systems. He added that the City has conducted a comprehensive irrigation plan for the 66 systems within the City boundaries, but the final resolution cannot be determined until current litigation is resolved. Phil Jochim, 911 South 34th Avenue, asked for justification of the 80% rate increase for District #852. .Mayor Berndt observed that this district has seen decreases in past years, but was subject to the dramatic increase . from the Yakima.Valley Canal Company this year. Agnes Badgley, 901 Pleasant,' asked questions about the reserves for District #503, and how they had been invested over the past 15 years. Council member. Barnett agreed to meet with Mrs: Badgley to review this information. Cyril Lentz, 2702 Brackett, objected to the 82.6% increase in the assessment rate for District #666. He favors continuation of the irrigation system, but suggested the City have representation in decisions made by the Yakima Valley Canal , Company.,, . Council member ; Barnett, stated that the City tries to maintain a six month operating''reserve in each district. However, state law'limits the amounts of reserves that may be accumulated, and how they maybe used.. Water, Division Manager. Wick cautioned that any additional increases in the re's"erves may be challenged. John Klingele, 1312 West Walnut; stated that District #342 faces the first increase in about eight years. Although he was not surprised with a 68% increase, he would have preferred 'a more gradual rate adjustment. There being'no further comments, Mayor Berndt .closed the public hearing. Council member Sims requested production of an irrigation video prior to the public hearing next year.. He.suggested a video that addresses the number of districts, ownership of the districts, how. rates. are set, and specific events that impact rates in a given year. This would clarify the irrigation issue.for both citizens and the Council, and assist in making decisions on the future of the system. Council. member Barnett called attention to the zero balance in estimated reserves for District #817, and suggested a correction in the master copy. Council member Barnett requested that staff investigate the legal limit for operating reserves, and suggested study by Council at a later date. .Water Division Manager Wick explained that the primary' purpose of the Assessment Roll Hearing is to hear any errors that are contained in the report. Ordinance. No. 3350, having been read by title, it was MOVED BY SIMS, SECONDED "BY'BUCHANAN, .TO THE .ORDINANCE. The motion carried by unanimous roll call vote. Mayor. Berndt invited audience members to participate in studies of the irrigation question that will be considered over the next year. ORDINANCE NO. 3350, AN_ ORDINANCE confirming the irrigation maintenance assessment roll of the City of.Yakima for the calendar year 1991 and levying irrigation maintenance assessments according to such roll. T7r / MARCH 26, 1991 3 5 1 EXECUTIVE SESSION • Council adjourned into Executive Session at•3:00 P.M. regarding property acquisition. Council reconvened in general session at 3:20 P.M. with all members present. CITY MANAGER'S REPORTS 9. STATUS REPORT FROM DEPARTMENT OF ENGINEERING' AND UTILITIES REGARDING DOMESTIC WATER PROJECT FOR FAIRVIEW -SUMAC AREA WELL CONTAMINATION REPLACEMENT - COSTS AND FUNDING OPTIONS Denny Covell, Director of Engineering and Utilities, summarized the costs and financing options for the Fairview -Sumac water main system. Staff has reviewed' state d'federal programs that have loan and /or grant programs and the only viable funding source is the Public Works Trust Fund. Mr. Covell concluded that Council has three possible options for funding the project: (1) the Public Works Trust Fund loan, which is a competitive program, and takes 18 months from application to project completion; (2) the formation of an LID, which would involve property owners, as opposed to tenants; and (3) the City financing the, cost of extending the water system, which would require a 2.5% increase to the existing rate structure. Option•3 would be the fastest method of getting water service into the area. Mr. Covell explained that the project construction costs could be reduced by about' 1/3 if the ,work is done by City forces. This would reduce the project cost to about $250,000. City Manager Zais explained that a precedent was set for this type of action when the City constructed. the 'water main for the Gleed water system, and spread the cost across the rate base. Mr. Zais also suggested that the Council 'might want to invite Yakima County to participate in the funding for this project. Council member Beauchamp strongly endorsed taking positive action to solve this problem, and felt that local citizens would not oppose a rate increase to solve a human need. Mr. Zais reminded Council that installation - of :the water not the - total cost of the project. Meter sets and hook -up costs can add another $1200 per household, and there is no current Code provision that allows extended contract payment. Council members were concerned that there were no guarantees that residents would connect to the water system after it is installed. Skip Steinmetz, representing the Yakima Health District, verified that the Health District cannot compel residents with private water systems to connect to the City system. City Attorney Vanek offered to research if Yakima has the authority, as a first class city, to 'require hook -ups to the system under its general health and 'safety 'powers. Mr. Vanek can also draft legislation to allow contract payments for hook -ups, but cautioned that the landlord /tenant relationship becomes a factor. It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO DIRECT STAFF TO PREPARE THE APPROPRIATE LEGISLATION DECLARING AN EMERGENCY UNDER SUBSECTION 6 OF ROW 35.22.620 WHICH ALLOWS WAIVER OF THE BID PROCESS TO ALLOW CITY FORCES TO PERFORM IMMEDIATE INSTALLATION OF A DOMESTIC WATER MAIN. The motion carried by unanimous voice vote. City Manager Zais stated that-staff will return with the resolution and a legal AAD /4 3 5 2 MARCH 26, 1991 opinion. Council member Pechtel encouraged Council to take more time to consider legal ramifications and precedents before taking action. :John Bliss, 808 South 13th Street, and a resident of the area since 1935, encouraged Council to take action to solve the long standing problem. It was the consensus of.Council to direct staff to continue with the design phase of the project, and to research the legal issues. Council members will meet with the County Commissioners . to' - request financial support. Mr. Steinmetz reported that the Health District is making progress in locating a bathing facility for the Fairview - Sumac residents, and mentioned Washington Middle School and Washington - Pool as possible sites. *10. CONSIDERATION OF RESOLUTION REGARDING FIRE PROTECTION CONTRACT FOR STATE OF WASHINGTON FACILITIES RESOLUTION_ - NO. D -5893, A RESOLUTION authorizing the execution of an- agreemefitrwith the State of Washington, Planning and Community Affairs Agency; for fire services to'State facilities. *11 APPROVAL" OF VEHICLE ACCIDENT REPORT FOR THE MONTH OF FEBRUARY, 1991 The February, 1991 Vehicle Accident Report was approved. ORDINANCES . • *12. CONSIDERATION OF AN ORDINANCE AMENDING THE 1991 BUDGET: Ari ordinance amending the 1991 budget for the City of Yakima; making Jappropriations for Miller Pool repairs and operating co having been read by title only,.was laid on the table for two weeks, until April 9, 1991. *13. CONSIDERATION OF ORDINANCE' AMENDING'SEWER UTILITY RATES AND CHARGES IMPLEMENTING- ADJUSTED -COST OF SERVICE STUDY RECOMMENDATIONS ORDINANCE NO. 3351, AN ORDINANCE relating to public services and utilities; increasing sewer ready -to -serve charges and volume charges; increasing the •out-of-city surcharges; and amending Subsections 7.60.020 A and B of the City of Municipal Code. 14. OTHER BUSINESS - Council member Pechtel requested postponement of the Council visit to the Southeast Community Center scheduled for April 2nd. The meeting will be rescheduled at a later date.' Mayor Berndt requested a report from Parks and Recreation Manager Flaherty at the next Council meeting on recreation programming for youth, including the "Kid's Place" program. Councilrmeinber: :Barnett requested clarification of the: motion made ' at :.the 'March' 19th 'meeting "regarding: the 'design phase of City /Chainbe'r= - Of ".Commerce parking' lot' develo anent. Council member Pechtel replie&that; his: motion included[ - consideration of parking for Yakima Center expansion, park and ride lots,.' downtown shuttle and special transit operations. AAD /5 MARCH 26, 1991 3 5 3 Items of information supplied to Council were: Monthly Annexation Status Report as of March 26, 1991; Memo from Block Grant Manager regarding Community Development Week - April 1 - 7, 1991; Memo from Director, Community & Economic Development regarding a report on the Yakima Interurban Trolley Lines 1990; Report from Personnel Division regarding 1991 Hiring Status as of March 6, 1991; Minutes of the March 13, 1991 Visioning Yakima 2010 Steering Committee; Article from The Denver Post, March 3, 1991, "Water Leasing "; Article from The Denver Post, March 3, 1991, "Community Policing "; Legal Department Monthly Report for February, 1991 15. EXECUTIVE SESSION O It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, ID MOVE INTO EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY, FOLLOWED BY IMMEDIATE ADJOURNMENT. The motion carried by unanimous voice vote. 16. ADJOURNMENT Following the canpletion of the Executive Session, the meeting was adjourned at 4:25 P.M. READ AND CERTIFIED ACCURATE BY: COUNCI M I:ER / DATE _ OUNCIL :mr DATE ATTEST: Q.kt % JP DEPUT CITY CLERK MAYOR Minutes prepared by Deputy City Clerk Lovell. AAD /6