HomeMy WebLinkAbout04/19/1983 Study Session APRIL 19, 1983 4 4 3
STUDY SESSION
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
Lynn Carmichael presiding. Council members Clarence Barnett,
Henry Beauchamp, Shirley Doty and Jack Sparling and City
Manager Zais and City Attorney Andrews present on roll call.
Council members Lynn Buchanan and W. K. "Pete" Moore absent
and excused.
2. INVOCATION
The Invocation was given by Council member Barnett.
3. AUDIENCE PARTICIPATION
None
4. DISCUSSION REGARDING WATER RATE STUDY (Continued from April 12,
1983)
Dennis Covell, Director of Engineering and Utilities,
distributed a dart to Council entitled, Proposed Impact Rate
Imposed on Industrial and Commercial Users. Council member
Doty explained staff was providing this additional
information, at this time, per her request. Addressing the
water rate study, Council member Barnett requested clarifica-
tion regarding the variance that exists between the 1983
budgeted revenue and the revenue forecast that is provided in
the water rate study. Frank Mabry, Superintendent, Water
Division, was present to respond, informing Council that the
difference or variance exists partially due to a Council
policy decision made as part of the 1980 water rate package
Which sets aside $100,000 annually to the water construction
fund. He also clarified that the $1,900,000 figure represents
total revenue Which includes miscellaneous income. He stated
that the $1,829,000 figure represents 1982 actual water sales
only. Gordon Wonder, 718 N. 56th Avenue, was present to speak
in opposition to increased water rates for either residential
or business use. He urged Council to determine policy issues,
such as tax on water and a surcharge for water customers
outside the City limits, before Council considers the proposal
by the Utility Rate Advisory Board. Ines Rice, 4409 W.
Arlington, was present to speak in apposition to subsidizing
the School District water rates. J. S. Applegate, 606 S. 32nd
Avenue, addressed the use of domestic water for irrigation
purposes. He indicated Council had urged citizens in the past
to use domestic water for irrigation and spoke in apposition
to increasing the rates for citizens dependent on domestic
II/ water for irrigation purposes. Bob Peterson, resident of the
City of Yakima, and President of the Yakima Chamber of
Cammerce, was present to represent the Chamber's 1,000
members. He indicated the Chamber is concerned with the
sizable dollar impact that the proposed rate increase will
have on manufacturing, processing and service industries
served by the City of Yakima water system. He stated that the
Chamber recognizes the need to maintain an adequate and viable
water system to serve the needs of the citizens and the job
producing businesses. He indicated the Chamber realizes the
system's cost of operation will have a certain amount of
percentage increase, Which has been common. Therefore, based
on these premises, the Chamber of Commerce believes the most
equitable approach to meet the expenses of the water system
operation, and at the same time maintain a reasonable increase
to the users, is to support an 8% across the board increase
using the existing rate structure plus a 20% increase on the
rates applied to the use of domestic water for irrigation
purposes. He indicated that in the Chamber's review over the
past few years of the water operations and rate structure, the
Chamber finds a consistent issue of concern on the amount of
1 L 4 APRIL 19, 1983
money being generated for the use of general goveuntent versus
that generated for use directly by the water system. As an
example, he stated that in 1983, it is projected that $419,000
will go to support general government from water rate revenues
paid by the users, which is slightly less than 25% of the
total operating budget for the City Water Division. He
indicated that any rate increase Which occurs also escalates
this amount of money, at least the 12.5% increase on total
gross revenues. Mr. Peterson stated that any future rate
increase proposed to the Council should he directed to the
water system and not to general government. At this time, Mr.
Peterson read a letter from J. Rand Elliott, Innkeeper of the
Holiday Inn and also representing the Motel Owners
Association, dated April 18, 1983, wherein Mr. Elliott spoke
in opposition to the Utility Rate Advisory Board's proposed
water rate increase and requested Council to consider leaving
the existing staggered rates in place and granting only the
percent increase necessary to allow the Water Division to
continue its operation. Mr. Peterson informed Council that
Gregg Todd, representing the Thunderbird Inn, and the Motel
Owners Association, was present to speak to this issue also.
Council member Barnett requested clarification of the
Chamber's prcposal, questioning the total percentage increase
for the use of domestic water for irrigation. Council member
Barnett acknowledged the Chamber's proposal indicating the
proposal has merit as it meets the. requirements as outlined by
-staff. Mr. Peterson indicated that the Chamber realizes that
a lot of work has been put into the study by the Utility Rate
Advisory Board, hcwever, the Chamber feels that the rate
structure the Chamber has presented is still the best systen
to follow, unless there are real capital improvement problems
which need to be made in the very near future. He indicated
that in a water system, the main cost is not in producing or
treating the water, the cost is in the pipes in the ground and
capital expenditures. He stated that when the City considers
going by a flat rate or inverting rates, the demand for the
product is reduced and therefore creates the necessity to
raise rates to cover fixed dharges. He indicated that the
Chamber does not believe this is necessarily the case with the
water system and they hope this would be given further study.
He stated that at this point in time, the Chamber feels the 8%
and 20% increases are adequate to cover the cost that is
needed as Presented by the Water Division. Council member
Beauchamp questioned the Chamber of Ccmuerce's participation
in the Utility Rate Advisory Board's water rate review
process. Council member Beauchamp referred to the minutes of
the URAB meetings, and requested Mr. Peterson to canmant on
What -appears to be limited participation, or no interest
shown, by the Chamber of Ccmmerce.. Mr. Peterson indicated
that although the Chamber represents 1,000 members of
diversified groups, the Chamber did respond to the URAB's
request for an appointed Chamber representative with rate
experience, he indicated he had asked the office manager at
Pacific Power & Light if he would represent the Chamber. Mr.
Peterson indicated that a letter from the URAB to the Chamber
representative stated that the representative would not be
able to make policy decisions, as policy decisions have to
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come before the URAB Board for approval. Mr. Peterson
indicated he believed it would have been a much more adequate
system had the URAB requested the participation of the
businesses themselves, such as Del Monte, Holiday Inn, and the
Thunderbird Inn, requesting then to come in and express their
problems with the URAB. He stated he did not think that ever
occurred; there was no invitation to the users or rate payers
to cane in and make a presentation to then. Mr. Peterson
indicated that just because the Chamber puts a member on the
Committee does not necessarily spell a great degree of success
in that effort to represent 1,000 members.. Mayor Carmichael
elaborated on Council member Beauchamp's question, in that the
URAB was not expecting the Chamber delegate to help make
policy, but to act as liaison between the URAB and the Chamber
so that the Chamber would understand that was transpiring at
the meetings and the Chamber could, therefore, provide input.
She commented that when the Chamber appears at this point with
APRIL 19, 1983 4 45
a different proposal, after a year's study by the URAB, it is
very confusing to the Council, in an already confusing
situation in dealing with water rates. Bob Peterson
responded, informing Council that the Chamber representative's
participation began late and secondly, the representative had
a job change Which kept him out of town a large portion of the
time, causing him to miss many of the meetings. Mr. Peterson
stated that since the representative did not preside on the
Chamber of Commerce Board, this did cause liaison prdblems.
He stated that the URAB did provide the Chamber with copies of
the minutes from their meetings as they developed, however, he
did not think the Chamber representative was able to get the
core of the prdblem. Mr. Peterson suggested the Chamber
representative should have been someone from one of the
businesses most affected. Mr. Peterson commented that the
Chamber thought that someone with rate making experience might
be a better representative, however, the Chamber made a wrong
decision in that case. Council member Barnett indicated from
his persepctive, the URAB spent a year in developing a
philosophy or formula Which has not changed much during the
year and it wasn't until the recent results of a computer rate
study that Council could determine that the impacts would be
and, therefore, he did not believe it would have made a
significant difference if the Chamber was in on the meetings
during the development of the philosophy. Council member Doty
expressed her disappointment at the lack of participation by
the Chamber of Commerce, as she felt there was an honest
attempt to involve the Chamber on this issue. Mr. Peterson
responded, stating that, yes, there was an attempt made, but
in his own personal opinion, as he and the City Manager have
discussed this issue, Mr. Peterson finds it very difficult for
certain citizen task force groups to delve into an issue due
to the lack of time to analyze a problem and the lack of funds
to bring their own staff aboard to challenge or question City
staff or City reports. He indicated that at the Federal
Government level, there is adequate staff to do the work, but,
in his opinion, he does not think any businessman has the
necessary time required to develop a study. He ccmmented that
the Chamber of Commerce has difficulty in putting a task force
together to review any particular item, as it is difficult to
get everyone together on a regular basis. Council member Doty
reiterated her opinion that an effort was made by the URAB to
involve the Chamber with the water rate study due to concerns
of the Chamber and if the appointed representative had
difficulty with the times or dates of the meetings, she would
have preferred something be said along the way, so that
different meeting times could have been arranged or an
alternate person from the Chamber could have been appointed.
Mr. Peterson expressed his doubt, questioning if the mechanism
was really there to accomplish this. Referring to Mr.
Peterson's earlier remark, Council member Doty questioned if
Mr. Peterson was suggesting that the City should not utilize
II/ citizen advisory groups. Mr. Peterson responded, indicating
he believed there are certain types of projects that, unless
you also give that task force dollars to hire staff to assist
them, so they do not totally depend upon City staff to review
City reports to make a recommendation to the City, then the
City is defeating the purpose. Council member Doty questioned
if Mr. Peterson was suggesting the City hire an outside
consultant. Mr. Peterson stated, not necessarily, it would
cost money, but if the City wants that. type of an analysis of
'a particular activity, then that is the approach to follow.
Gary Webster, Manager of the Chamber of Commerce, was present
to expand on the Chambers participation. He stated that staff
has been very cooperative in supplying minutes of the
meetings, however, he commented on the lack of data in the
- minutes from which to make an assessment. He indicated that
following conversations with the Chamber representative, the
philosophy was established as to at direction the URAB was
taking and the Chamber then conveyed that information out to
those people Who would be affected. He informed Council that
those people Who were contacted responded to the Chamber,
informing the Chamber that there was a need for hard data from
Which to make a determination regarding the philosophy. Mr.
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APRIL 19, 1983
.Webster stated that the hard data did not become available
until March 23, 1983, until at which time it was difficult to
determine the impact of the water rate study. Council member
Beauchamp questioned if the water rate' study/information
process could have been done differently. Mr. Webster
responded in the affirmative, suggesting that a cross section
of users should have been requested to attend the meetings.
Council member Beauchamp questioned Greg Todd, representing
Thunderbird Motor Inns and the Motel Owners Association, how
the City of Yakima's water rate structure compared with other
cities where Thunderbird Motels are located. Mr. Todd
responded, informing Council he did not have that information
available. Council member Barnett expressed his opinion that
there are a number of policy issues that need to be decided
before Council makes a decision. Frank Mabry clarified the
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interest rate regarding the recent water/sewer revenue bond
sale. City Manager Zais commented that the Chamber's proposal
which they have presented today is exactly the sane as
presented two years ago when the City was discussing water
rates. He referred to the Chamber's proposal two years ago,
wherein a recommendation came in from the Chamber for a 20-25%
across the board increase Which was that the Council
implemented. City Manager Zais indicated that if the
Chamber's proposal is to be considered again, staff would use
the philosophy that the Chamber has expressed and translate
that philosophy into a specific rate increase, to be brought
back to Council as an alternative consideration. Gary Webster
requested clarification of the water/sewer bond issue. Mr.
Applegate commented that he had written the Council in October
1982 expressing his concerns with the proposed water rates.
Council member Barnett indicated he would like to see the
results of the Chamber's proposal of an 8% across the board
increase with a 20% increase for domestic water use for
irrigation as an alternative to consider. Council member Doty
expressed her appreciation of the time spent by the Utility
Rate Advisory Board to provide Council with the proposed
study. She expressed her disappointment of disregarding the
URAB's work and starting in another direction, suah as
proposed by the Chamber of Commerce. Mayor Carmichael
concurred with Council member Doty. Coundil member Barnett
indicated that the Chamber's proposal is a different concept
which he would like to review. Council member Beauchamp
stated it was unfortunate that the URAB has spent so much time
on this issue before the Chamber provided their input,
however, he would. like to proceed on this issue and questioned
staff if it was possible to receive this new information at
next week's, meeting. City Manager Zais responded
affirmatively. It was the consensus of the Council to move
this item to the Business meeting next TUesday to review the
new information.
6. REPORT ON ANIMAL CONTROL ENFORCEMENT PROCEDURES/REVIEW OF POLICIES
ON HUMANE SOCIETY OONTRACT
Assistant City Manager Larry Wittenberg was present to
introduce Doug Vawter and Betty Osborne of the Humane Society.
Gordon Wonder, 718 No. 56th Avenue was present to speak in
support for the work accomplished by the Humane Society and
urged Council to support the Humane Society in their effort to
locate a new site for the Humane Society's new building. Del
Trimble, representing the Arboretum Society, was present to
speak in opposition to the placement of the proposed Humane
Society site next to the Arboretum Park, Mr. Trimble provided
background information regarding the creation and concept of
the Arboretum Park which was in conjunction with the Greenway
Foundation. He stated that the Humane Society was not
compatible with the Arboretum and requested Council to
consider this iten carefully before making a decision.
Discussion followed regarding possible alternative locations
within the ten acre Greenway Park area versus the 2.5 acre
location proposed in staff's report. Jim Whiteside, Chairman
of the Greenway Foundation, was present to inform Council of
the Foundation s effort to develop the ten acres, utilizing a
$10,000 grant from the Yakima Kiwanis Club, into a park-like
APRIL 19, 1983 4 4 7
setting. He indicated that the Foundation has not taken a
formal position regarding the placement of the Humane Society
shelter in this area, as the Greenway Foundation is utilizing
the land as the City's guests. However, he indicated as far
as he was personally concerned, he would like to defer to the
Arboretum's wishes pertaining to the use of the land, as the
Arboretum existed at this location prior to the Greenway
Foundation. Speaking as a Canmissioner on behalf of the
Yakima County Commissioners, Mr. Whiteside indicated that the
placenent of the new Humane Society is not just a City problem
and the County is in the process of taking an inventory of
property in the County for possible placement of the Humane
Society. He addressed the possibility of purchasing land and
receiving payment from "in kind services." Mayor Carmichael
expressed her appreciation of the County's willingness to
assist in this matter and questioned how long it would take to
go through the County's inventory. Canmissioner Whiteside
responded, informing Council the research would be only a
matter of a few days to one week. Fred Westberg, 605 So. 31st
Avenue, Secretary of the Greenway Foundation and Chairman of
the Kiwanis Club Park Committee, was present to convey the
Kiwanis Club's concern of placing the Humane Society within
the proposed ten acre development area. He informed Council
of the cost incurred by Kiwanis this far and the hours spent
preparing the area for the Foundation's proposed park. Dave
Putney, Terrace Heights, was present to speak on behalf of the
Humane Society. He provided an ardhitectural sketch of the
proposed building and discussed the positive aspects of
locating the building on the proposed 2.5 acres. Mr. Putney
informed Council of the urgency to relocate the Humane Society
before this winter, as the current structure was not
economically feasible due to several problems. He indicated a
major problem which currently existed was the anticipated
utility expenses throughout the coming winter. He urged
Council to approve the proposed site Which would enable the
Humane. Society to begin construction as soon as possible. It
was the consensus of the Council to delay a decision regarding
the placement of a new Humane Society site until the City
received a response from the County regarding a possible
County site. Mr. Putney reiterated his concern regarding the
time element involved and reminded Council of the need to make
a determination within the next four weeks. Assistant City
Manager Wittenberg requestel direction from the Council
regarding the renewal of the City's agreement with the Humane
Society. He informed Council that due to revenue shortfall
experienced by the Humane Society, a flat rate or monthly
Charge has been proposed. Assistant City Manager Wittenberg
expanded on the past agreement and the benefits involved with
going to a flat monthly charge for the ranainder of the year.
He indicated a new agreement would be considered in January,
1984. Council member Doty expressed her concerns regarding
the number of phone calls and complaints regarding the issue
of animal control. Walt Feser, recently retired Custaner
Services Manager, was present to elaborate on his report.
Discussion followed regarding the leash law ordinance and
current animal control practices. City Manager Zais commented
on the various problems with animal control in the past and
steps that have been taken to attempt to resolve the problems.
Discussion followed regarding the current agreement with the
Humane Society and the possible benefits utilized by going to
the flat rate agreement for the ranainder of 1983. Council
member Doty expressed her preference of the flat rate dharge.
Doug Vawter, Humane Society, informed Council that the flat
rate system would eliminate excess paperwork and allow for
additional animal control time on the street. It was MOVED by
Beauchamp, seconded by Doty to direct staff to prepare the
' proper legislation to adopt the flat rate proposal as outlined
in staff's report. Unanimously carried by voice vote.
Budlanan and Moore absent.
144 8 APRIL 19, 1983
7. REPORT FROM PUBLIC WORKS REGARDING REFUSE UTILITY RATE STRUCTURE
ALTERNATIVES '
- It was the general consensus of the Council that this time be
postponed, however, Council member Barnett requested staff to
researdl the effects of each of staff's proposed alternatives
on the one and two-can customers prior to returning this item
to Council.
5. REVIEW OF TITLE V, MUNICIPAL CODE, PROPOSED REVISIONS REGARDING
REGULATORY AMENDMENTS
City 'Manager Zais informed Council this item was an effort by
the Code Inspection Division and City Attorney's Office to
update Title V of the Yakima Municipal Code pertaining to
- licenses and business regulations. Council member Barnett
questioned the proposed closing time limit set on amusement
halls, Chapters - 5.10, 5.12 and 5.18, indicating he would like
to have input from the citizens who would be affected by this
before approving this item. Council member Doty requested
clarification of the proposed change for Chapter 5.78 wherein
the regulation of taxi cab businesses would be repealed, but
the licensing of taxi cab drivers would be retained. City
Manager Zais responded informing Council the City will still
- retain the authority to license taxi cab drivers and the
Traffic Engineering Division will 'continue to maintain
authority of the Tax Cab Stands, however, from a legal
standpoint, it is not necessary at this time, to continue the
regulation of the taxi cab business. It was MOVED by Barnett,
seconded by Doty to direct staff to prepare the proper
legislation amending Title V of the Yakima Municipal Code,
excluding Chapters 5.10, 5.12 and 5.18 relating to Amusement
Arcades, as Council would like more information on the effects
of the proposed reduction of operating hours for amusement
hall and billiard and poolhall premises. (Mayor Carmichael
temporarily absent after 4:57 p.m.) Council member Sparling
requested clarification of Chapter 5.11 - Panoram Licenses.
(Mayor Carmichael present after 5:02 p.m.) Council member
Beaudhatp expressed his concern with"the proposed repealing of
Chapter 5.34 wherein that existing Chapter prohibits fortune
telling. He questioned if it was possible to leave that
Chapter - in effect. City Attorney Andrews responded
negatively, as the state statute was repealed in 1976. The
question was called for a vote on the motion. Unanimously
- carried by voice vote. Buchanan and Moote absent.
8. OTHER BUSINESS
Mayor Carmichael informed Council of a letter she received
from the County Commissioner's office informing the City that
the Terrace Heights dump site will.be open, free of charge,
with exception to commercial haulers, on Saturday, April 30,
1983 in conjunction with Yakima's "Clean Up and Green Up"
campaign. ' Council member Doty informed Council of the
progress with the clean up committee.
Mayor Carmichael informed Council she had received a call from
the Association of Washington Cities requesting a Council
member to serve on their Resolution Committee. Council member
Beauchamp suggested Council member Barnett might be
interested. Council member Barnett declined as he was not
interested in this particular committee.
Information Items
-Itens of information supplied to Council were: report from
Chief of Police for the month of March, 1983; report from Code
Administration Office Office Activities for month of Mardi,
1983; report from the Permit Center for the month of March,
1983; minutes of March 22, 1983 Board of Adjustment meeting;
minutes of March 15, 1983 Police & Fire Civil Service
Commission meeting; and minutes of March 14, 1983 Parks &
Recreation Commission meeting.
APRIL 19, 1983 LO-f 9
9. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND COLLECTIVE
BARGAINING
Council member Barnett questioned if Council needed to adjourn
to the special meeting, Gleed Area Domestic Water Service,
scheduled for April 20, 1983. It was the consensus of the
Council to cancel the Gleed Water meeting and reschedule at a
later date due to the lack of a quorum for the April 20th
meeting. It was MOVED by Beauchamp, seconded by Doty to move
into Executive Session for the purpose of discussing
prospective litigation and collective bargaining and, then
immediately adjourn the meeting. Unanimously carried by voice
vote. Buchanan and Moore absent.
II/ 10. ADJOURNMENT
Following the canpletion of the Executive Session, the meeting
was adjourned at the hour of 5:30 p.m.
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