HomeMy WebLinkAbout04/15/2003 Special Meeting 346
CITY OF YAKIMA, WASHINGTON
SPECIAL MEETING OF THE CITY COUNCIL
APRIL 15, 2003 - 7 :30 A.M.
COUNCIL CHAMBERS - CITY HALL
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Lynn Buchanan, Paul George, Larry Mattson, and John Puccinelli,
Staff: Dick Zais, City Manager; Paul McMurray, Assistant City Attorney;
Chris Waarvick, Director of Public Works; Nancy Fortier, Refuse
and Recycling Manager; and Karen Roberts, City Clerk
County: Vern Redifer, Public Works Director; Donald Gatchalian, Public
Works Assistant Director; Wendy Mifflin, Solid Waste Manager;
and Loretta Zammarchi, Waste Reduction and Recycling
Coordinator
Absent: Council Member Bernard Sims (excused)
2. STUDY SESSION ON SOLID WASTE INTERLOCAL AGREEMENT WITH YAKIMA
COUNTY
• Purpose of Study Session
The report prepared by City staff indicates that Council had requested a study session
on this issue to discuss the interlocal agreement with Yakima County for preparation of
a solid waste management plan. Council Member Puccinelli asked at the previous
meeting if the City had the legal authority to direct a bidder, if the City decides to
privatize refuse service, to take the waste stream to a Yakima County Landfill.
Discussion with City Legal staff indicates the City may do so for the currently serviced
area.
• The Iriterlocal Agreement is Discussed
Council Member George asked for and received confirmation that Yakima is the last
municipality in the County to be considering this interlocal agreement. Commenting
that this is a long -term agreement, Council Member Puccinelli inquired if the terms in
the agreement could be assigned to a private company if the City should contract with
a private firm for refuse collection service? Mr. McMurray stated he couldn't give a yes
or no answer; there is an Inter -State Commerce clause issue that has been litigated in
many cases throughout the United States. He has not been able to find supporting
cases from the 9 th Circuit of Appeals Court. The contract does have a severability
clause in it. Mayor Place stated she has been attending the Solid Waste Management
meetings for over two years; our current contract has lapsed; and the Terrace Heights
landfill is near the end of its life expectancy. The County needs some guarantees for
arevenue stream for the replacement landfill. She encouraged Council to support this,
APRIL 15, 2003 — SPECIAL MEETING 347
especially since we don't want to build our own landfill. The Terrace Heights landfill will
be turned into a transfer station.
• The Closure of the Terrace Heights Landfill is Discussed
Wendy Mifflin reported that the Terrace Heights Landfill is scheduled for closure in
2010 after which refuse will be taken to the Cheyne Landfill. Beginning in 2005,
customers (citizens who self -dump) would dump the garbage onto a tipping floor,
which would then dump it into trucks and be hauled to Cheyne. Municipalities could
haul their refuse directly to Cheyne; however, the municipality might wish to weigh the
time and cost factors for taking it directly versus what it would cost for the County to
transfer it for them. Another issue is safety; we need to keep the large commercial
refuse trucks separate at the landfill from the self - haulers. She stated that recycled
items, including yard waste, could still be taken to Terrace Heights even after the
landfill is closed. Further discussion disclosed that plywood, or dimensional lumber, is
not a recyclable item, nor is most construction or demolition waste.
• Comments on the Agreement
Council Member Mattson referenced Section 5.1 of the Interlocal Agreement and
suggested that this section be expanded to permit a renegotiation or review period
preceding the tenth and fifteenth anniversaries of the agreement, in addition to the fifth
anniversary as stipulated in the agreement.
Mr. McMurray advised Council that in the 1991 Interlocal Agreement, there was a
mutual indemnification clause; no such clause is in this agreement. Referring to
Council Member Puccinelli's scenario about the city contracting with private haulers,
he suggested the County could indemnify the City if we direct a private hauler who
collects for the City to use the County's landfill based on the County's comments that it
is permissible and it turns out it isn't.
Mayor Place spoke in support of accepting the interlocal agreement. She stated that
this agreement is on the Council's agenda this afternoon for consideration for
adoption.
Chris Waarvick asked for clarification. On the issue of mutual indemnification in
Section 5.5.3, Council could approve this agreement this afternoon with an
understanding that the agreement could be amended to include a mutual
indemnification clause. He suggested that Vern return to the County Commissioners
and get some sense about their amenability to do that. It was in the 1991 agreement.
VernRedifer stated he is not prepared now to tell Council to put that clause back in the
agreement. It was removed on the advice of our attorney. We are dealing with a
commodity that will be there forever.
Council Member Puccinelli asked if the County has an indemnification clause for sewer
plant odor litigation? City Manager Zais commented that if there are damages awarded
by the court, everyone will share in the cost.
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APRIL 15, 2003 — SPECIAL MEETING
It was the consensus of Council to keep this agreement on the business agenda this
afternoon.
3. ADJOURNMENT
C.-7/
READ AND CERTIFIED ACCURATE BY: !1/‘(,%fti/ 6 17;
/COUNCIL MEMBER D E
/ _
OINCIL MEMBER DATE
ATTEST:
LA . CITY CLERK ACE, MAYOR
Minutes prepared by Karen Roberts. An audio and video tape of this meeting are available in the City Clerk's
Office
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