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HomeMy WebLinkAbout04/19/1988 Business Meeting 305 • APRIL 19, 1988 • 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, -Lynn Carmichael,. and Jerry Foy, present on roll call. City Manager Zais, City Attorney Vanek, City Clerk . Roberts and Deputy City Clerk Toney also present..-Council member Bernard Sims - absent and excused. • 7 +£..• ,. 2. INVOCATION The Invocation was-given by Council member Foy: 3. OPEN DISCUSSION FOR THE GOOD. OF THE ORDER • Council member Foy announced there will be a Nuclear Science and You Legacy to Our Children program hosted by the Yakima Hanford family on May 14th and 15th.at the Modern •Living. at the Fair - Grounds. The program begins- Saturday, •May 14th at 10:00 A.M. and concludes at 4:00•M:' and Sunday,- ' May 15th noon to 4:00 P.M. Mr. Foy asked the City Clerk•Ao.,provide copies of the letter to_:the other Council.. members. • Mayor Berndt stated the CBS _news•coverage of the march against drugs in .Yakima will be aired this coming Thursday night with Dan Rather.: She.encouraged citizens to watch the presentation.; Mayor Berndt stated•there_ will 'be.a meeting tonight at Davis High ,School•on the subject: of drugs: She stated2 :Elgie Bellizio of California will . be••present to speak on :_this issue. :',Mayor Berndt ;read :a "Kids ,.for •Parks" proclamation, which was accepted :by.Parks•and Recreation Commission Chairman, Mike Nixon • ..and Wanda :Schatz, Yakima Chamber of Commerce-President.. The Kids for Parks 'Program was developed by the- Yakima - Public }School • District #7, the Yakima Chamber of Commerce and the City .of- Yakima Parks and Recreation Division. • Mayor: Berndt read , a letter . fran - Jack. J.- Poots, CMC,, , President, of . . the'+International Institute of,Municipal Clerks,announcing that Deputy City Clerk, Barbara J. Toney has been „awarded the designation of the status of Certified Municipal: Clerk. This prestigious award recognizes•the professional' canpetencyfi.of Ms. Toney in fulfilling the responsibilities and duties of her office. It is granted only after a, person has. met the high educational, experience, and service requirementstestablished :by I7 Council members: extended congratulations and a round of.applause. 4. CONSENT AGENDA:- ,, • ° . . • • Mayor Berndt referred to '.tie items placed on the -Consent Agenda, questioning whether there were , _any additions• or deletions from either :Council ._.members or-t citizens present. There•! being no additions or deletions•from the Consent the City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED by Carmichael,. seconded by' Beauchamp, that the Consent Agenda, as ,read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs. preceded. by an, ( *) indicate items on- the - Consent , Agenda• :handled under - one motion without ,further discussion.) ;• f *5. APPROVAL OF `THEIMINUTES OF_ :THE - .COUNCIL MEETINGS-10F MARCH AND 29, 1988 B -4 • • 306 APRIL 19, 1988 The Council minutes of March 22 and 29, 1988 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 Cliff Mickelson, 510 South Naches Avenue, requested that Council approve placement of traffic stop signs along Naches Avenue from • the .300 block to the 800 block. He presented a petition with 140 signatures•in support of this request. Mr. Mickelson stated the residents believe that placement of the stop signs will help control some the traffic in that particular area. • Doug Pulse, member of the South Naches Avenue Cleanup Committee, noted that Police Chief Green is issuing notices to landlords who own rental property that is being used by the occupants to operate moral nuisances in the City of Yakima. He stated the notices did not give the landlords deadlines, therefore, he submitted a petition to the City Council to establish deadlines. 7. PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR THE "J" STREET SEWER LOCAL IMPROVEMENT DISTRICT NO. 1044 (SEE ORDINANCE CONFIRMING ASSESSMENT ROLL) This being the time set for the public hearing on the J Street Sewer' Local Improvement District #1044, Rita Germunson, Office Engineer, reviewed the information contained on the agenda sheet. She stated the total project cost was $90,095.76 of which the City participated in the amount of. $35,373.24.. She stated the final assessment roll is $54,722.52 and has been pro -rated to six parcels included in the Industrial Park and assessments were based on a square foot rate method of , cost distribution. Mrs. Germunson stated notices of this public hearing to confirm this final assessment roll was sent to each property owner. She indicated the Local Improvement District was formed to resolve a failing septic system problem within the Industrial Park area. Following inquiries from Council members, Mayor Berndt opened the public hearing to allow the citizens an opportunity to comment in support of, or in opposition to the L.I.D. There being no one present to ,addr =ess the issue, Ordinance No. 3091 was read by title by the City Clerk. It was MOVED by 'Foy, seconded by Buchanan; that the ordinance be passed. Unanimously carried by roll call vote. Sims absent. • • ORDINANCE NO. 3091, AN ORDINANCE confirming the assessment roll covering Local Improvement District No. 1044 as created and established by Ordinance'No. 3015 of the Ordinances of•'the City of Yakima. • 8. PUBLIC'HEARING -REGARDING EASTSIDE ANNEXATION, PHASE I Planning Manager Don Skone stated today's hearing was scheduled • with the anticipation that City staff would have received all of the required signatures prior to today's meeting. Mr. Skone explained that staff is still awaiting•the arrival of an out of town property owner's signature and requested the heating be continued to May 10th. He asked that anyone present to speak to this issue be given the opportunity to do so. There being no one • present'to address'the Eastside Annexation, Phase I,. it was MOVED . by Foy; seconded by Buchanan, to continue the hearing to May 10th at 2:00 P.M. Unanimously carried by voice vote. Sims absent. • •9. PUBLIC HEARING ON THE COMPREHENSIVE WATER AND SEWER.PLANS This being the time set for the public hearing on the Camprehensive Water and Sewer Plans, Assistant City. Manager Stouder made introductory remarks on the purpose of the hearing, stating over two years ago the City began a major comprehensive utility planning process for the purpose of ensuring that the households and businesses of this community will have clean water for their use, and that the water is clean upon its return to the Yakima River. He stated this is the City's first major comprehensive planning B -4 • APRIL 19, 1988 307 -effort: since; 1973:. in , the case. of the . water': system.:. He -. stated in L1973 the ;City did adopt a Canprehensive .Water Plan in which the • 'narrative was less : - than twenty pages in length. : He ; stated the - -draft Water Plan(published over a year- and -a -half .ago numbers in ;.the hundreds 'of pages and is a reflection' the complexities of - the:. times; • :.the' increasing regulationsy_of the state and • federal . :goverrmlent Jand the-;demands that are' placed- upon ally of us, and _particularly - -the: :utility systems for the future. . -In the - mid 70's there .was• also',a;:major Comprehensive Sewer Plan Which • was •:primarily a . facility ;study. .'directed towards .the! creation of a region -wide sewage 'treatment: system.: While infiltration and' :inflow! problems . :were looked at to some degree and system-wide issues; - i'and the collection system was looked at, ;that was not the major emphasis of the sewage treatment plant • facility plan. This is the first major effort fon our utilities s e ystems to look toward the .future in over fifteen .years. . +In addition; this:; effort was :propelled' by the City Council's priorities::In.'the summer of 198.5 the Council met in an all -day session to begin examination of the most important issues • facingthe- .City, and ..to' determine what should the City Council and City staff: direct our 'attention towards. The number one was =the r planning for the future .'of the • utility systems. Mr. Stouder stated he is reminded: of how important .these facility plans are • by' a recent study that was completed by the {National Council of Public Works on- 'the condition. Of' the nationwide utility systems. That study was shared by Nancy Ruttledge, who was at that time the Director of the National' Council of _Public Works,' and was head of the State ' body• that conducted '.arsimilar :study in Washington State four five years'. ago :J That study • revealed' that this `country is goingto'need to double the' 45 billion' 'dollars annually committed to.Your infrastructure. The' .study also .showed that overall, the •condition'• of::.ourpublic works in this ;country is not very good, :however; Yakima: can be proud of - the`.investMent that has'cbeen made to date_; in :its .:infrastructure: Our .existing' :facilities, .- as they are .today,.::'. over :two' ' ' ;hundred million dollars of :investment'.. The r City. !has a r fixed capital ;asset ' in its,. water and sewer systems - alone: ,:approaching two hundred- million dollars, and this :does not consider. the 'twenty one million ;dollars .that the Canprehensive Plans ; suggest we should make in the sewer system in • the-next _ten to fifteen: years, or the ten million dollars slated towards.: the water system:. That thirty million .dollars slated to the year 2000; :is a minor; investment compared two hundred million dollars; that is the existing• value ;of .those fixed .assets.. In addition Ao . the fact that this :isr. the: first major. effort :in over i fifteen years, and 'secondly,7:as a City Council priority, and thirdly, it - ;is time :that we look at the condition, of our infrastructure, I_ need to also 'remind; you that the City •-s utility plan, as :all= -;of its •Capital. • Improvement Plan; is the : City' s business plan:; Just'., +.as f look ' to their , _costs, the demands 'of the .future; our utility systems are our business plans for investment:. And just as investments may decline ; in.'the private industry and hurt futuret job, ;creation and economic development, a ' decline of investment in our infrastructure is a signal ithat there can be a •decline in the community. To bring you .up do date on where we' ' are on the ' Water .and Sewer :Comprehensive Plansvi we began .those effortsi .'over.: itwo years ' "with the publication ' Hof the Canprehensive • Water: Plan in 1986,- and ;a few :months 'later' on the Comprehensive Sewer .Plan. He 'stated these Plans were provided to Council': as well' asrcitizens interested in them. He added that anyone_ interested may obtain. 'copies of , the Executive-'Summaries, or the entire . Plans from :;.the City Clerk' s :off ice .. He - stated a week ago.;staff provided City with information regarding what has . happened since' .• the- publication ; of _ :those i 'ini.tial ;Plans. This consisted - of i:a. packet of material of some three': .hundred pages - ;containing' -questions_ "posed ',by the Council : and/or - 2 interested • citizens, :questions and answers from - our. l'egal'.: counsel on this matter; letters from= ;various State and Federal(' agencies, and a variety of other'material. He stated a lot has taken-place since the first publication of those•Plans and he would like to summarize where, we' are now: -• :. 1 :_' i r Mr: Stouden stated when!_the:Comprehensive Water.: Plan was :initiated we were also looking at the feasibility of the Rattlesnake Creek as B -4 308 APRIL 19, 1988 a potential storage site for future water supply for Yakima and the • entire Urban area. At that time the City held an initial permit to . do a feasibility study on Mile Four and Mile Six of Rattlesnake Creek, and staff and consultants spent'a good part of a year- and -a- half to two years looking at the feasibility of that area. Our studies on Mile Four and Mile Six led us' to the conclusion that neither of those sites would geologically support the construction of a dam. We then moved toward Mile Eleven and are 'now doing some initial studies on that site of the Rattlesnake Creek. Also at the time of those. initial studies, the projection in the Comprehensive Water .Plans, the maximum projections, had us looking toward providing water for the regional area. There was some interest in the City's water system, as is the City's sewer system,'becoming a .regional purveyor: of water.. During' the planning. process we met .with surrounding municipalities and water associations and asked for their interest in being a' partner, in 'the - - long tern or short tern,' in the creation of an additional water supply. Both these plans look toward the year 2025. Based on this last year- and -a- half to two years effort we have concluded, at'least temporarily or preliminarily, that the future water demands on the City water . would primarily be our own residents and the 'immediate area that we may annex; that in the immediate future we will not be looking at becoming a regional supplier of water as we are of the sewage . treatment system. In addition, along the way in the comprehensive • water planning process, the City became more involved in'the Yakima -River Basin Enhancement Program. During the past summer, the City was.a member of the River•'Basin Enhancement Off-Reservation-Storage Site Work Group, to address what might be possible storage sites for future water supply for the river basin, for urban needs, for :agricultural needs, for fishery needs and :for the needs of the Yakima Indian Nation. That work group concluded that the best storage site and potential area for new storage was the enlargement of Bumping Lake. The City, as part.of that work group, indicated to the chair of that group and to the congressional delegation that we would be willing to. support the enlargement of. Bumping Lake as future. storage for the entire .river basin if our needs for water conservation and- other improvements to. our system were also taken into account. We also indicated we would not give up the pursuit of the Rattlesnake on Mile Eleven; that while that!was ;a much smaller potential storage-that be created, 20,000 to 60,000 acre feet as compared to the 200,000 or up to 400,000 acre feet that Bumping Enlargement would be, we would support Bumping in it's effort we will also continue to pursue the Rattlesnake. The City did not want to be put in the position 15 -20 years from now with no progress being made on the enlargement of .Bumping, yet our residents having future water storage demands. The other major question in the water system is the future of the irrigation districts. There are some 65 irrigation districts and the City limits those irrigation districts to basic.lawn watering purposes. The largest of those irrigation systems, the 308 General System, is the oldest and is. the system, that according to our engineer's analysis, has already .outlived its useful life. It is still working, but it is in a severe. state of deterioration and is the source of major leakage in the irrigation system. The alternatives posed to date for the solution of the irrigation question include: 1) the rebuilding of the 308 General System, 2) the transfer of that system to the domestic water.system, or 3) the continuation of the system as is. There is also a proposal that suggests a Pilot Program to study the potential transfer of the..308 General System to obtain a better understanding of the cost impact to convert 100 to 150 homes a year, over a period of years, to-see what the actual impact will. be. The last item.on the water system is the need an additional well. The Ranney Collector that the City relied on previously as a part of its entire water system is no longer collecting water since the repair of the canal. Just to remain where we are with that source of water collection and storage and use,we need to rebuild or provide for another well. He commented, in the short tern additional wells might provide the solution for future water needs particularly for the residents of the community, depending upon how much water can be saved through conservation, and through improvements to the irrigation system. B -4 APRIL 19-,= 1988 `' ` 309 is'Projected that 21.5 thihlion'dollars'= needs. to -be• invested over the' nekt- ten `or eleven years in- the - 'sewer system, most of- which is ' the' result 'of State `mandates:' The purpose_ is: .to insure 'that you ) have clean water , and that the water :: a's returned': to the 'Yakiiria River in a safe fashion:So it cari'be - used' downstream' "without ' • upsetting the r ecological balance <'. of I !the'' Yakimar.: River. He closed his remarks --With a final comment drawn' fry the' ,public works study to which' ''he had alluded ' initially. 1 He 'stated • a wide ' , council that speht-two years -studying' the condition of our public Works - a n d "" graded :our- public facilities aso folloWs:: Highways C +, Mass `transit `C= Aviation-'B., 'Water 'resources' B,' Water supply B -, Wastewater C, -Solid waste C, and 'Hazardous' waste' 0. I would submit th even` though 'We: 'are • _in the midst :'of this -major planning effort and we' are looking at the - investment of ]21:5 `million_' in` the Sewer Plant' and - 10 million or more' in :the • Water System;•'.' that the - " cond'it'ions Jof • our ''public :facilities ; '`today are , -B +'s ' and; it is because of -the investments that :we> have made - in the `past, 'and the ' ' fa'et' -that the Council` and `the 'community is now - looking at keeping those''• systems 'that and -looking 'towards the future S With those comments; he turned the'"•public '- hearing -back `to May Berndt for comments from the' public' hearing '. ' • . - ' Council riiember Barnett stated Under his' - calculations '-there is at least' -8.7' = million=' dollars that relate directl'y ' to the "' 'renewal of our 1988 discharge'•peritiit by .the: +sewer - systems.' These are 1mandated items by the State and Federal Government. The additional requirements" -'for the '- nitrification dame:vell after. the sewer plant • Was placed iri operat -ion and also• the dechlorination- ofithe! fluent prior:cto 'discharge and ::the toxic chetnical? ", `.including bib' monitoring - - which •requires considerable additional, '-expense. These "are mandated = items'' that '';the- -Yak lira- City ".Council has absolutely no: coritrof over, and . Some of these.: items :''must be correctedr:before we= can` receive a - renewal of our- • City . Manaer Zais:stated while these mandates' are coming upon us • fast: - and the - federal' commitment - in tei:mss�of funding has • been' declining :' Federal arid • State funding 'is' • significantly down from the 'levels' - of ., the 70's and the early 80's. This is new • federalism I which • -become8 +'localism .'in tends- of "the- financial impact because' the -money 'has - to' come ?Tfrom the local. _.level;' :(this is a fundamental issue' that the City of Yakima must -resolve :Mayor 'Berndt opened the public hearing '-requesting• those'rwishing to speak- to' the'`issue to state their -name 'and' address for the record, and Sign 'their name on "the public hearing sheet. • : •• • • John-"Greiner, 'representing the' mayor of Moxee City,' -.Mel Tanasse, requested the City of Mokee be included in.the regional wastewater 'treatment plant. - He 'stated the' City of Moxee would' like to be a part ' of ' the r Comprehensive Plan' also:' - L- . Gary Web•ter,' General' Manager' of the - Yakima' °Chamber' of Commerce, stated *-the Chamber has • provided` the - City ' with a ''copy ;''of its • - r'e`port' and 'recommendations -'on the City' s -Water 'and Wastewater Long Range ` Plaririing Studies which he - read 'into- -the •- record'.-- The: report • 'niakes'"-'the following :' recommendations ' for the water :needs t 1) The City litterediately •'develop:'`a: pilot ' program rot• -:at "= least a' hundred hordes''`in the '308- irrigation districtfor use of 7 donne s tic. . water for ' irrigation;' 2)' The 'City should drill a new well' -to :meet _ emergency 'ne'eds ' and'. replace= the Ranney collector; `- 3) = , The City 'continue to pursue''cautiously 'the : - Rattlesnake " dam - possibility- (so to :have that alternative ;-c needed; ' 4:)i - The '.City "'- work - - for the 'enlargement bf" -Lake if the 'city can be ) allocated water rights' 'Sufficient to'" meet -the City's -long tern needs 'through that ehhancerierit, "' and '5') ' The! " discussion on: J. a regional approach • for supply and - delivery should • "continue -to be rmad• over the few years': E ' This= i issue may ` 'cane "into; better focus after the adjudication issue is resolved and the enhancement projects have been finalized. •' The following recommendations" were -made in! _a - report from the Chamber Jof' 'Coirumerce =regarding • the -wastewater' system:'° .1) The B -4 • • 310 APRIL 19, 1988 infiltration problem at the wastewater plant in the summer must be resolved in, the near future. The ability of the plant to operate efficiently is dependent upon a solution to this problem; 2) Continued efforts to work with the users of the industrial sprayfield should be made and additional efforts attempted to obtain more customers to use this system within the delivery area's capabilities. Any additional customers' that. may be added would reduce the overall individual user costs and reduce the. flow of waste into' the wastewater plant. Continued efforts to bring the sprayfield up to standards is essential for a long term economic retention' and expansion; 3) The should establish approaches to meet the Federal and State requirements that are cost effective and • have a reasonable impact on sewer rates; 4) Besides the issue of irrigation infiltration, there should be a concentrated effort to implement the .other infiltration correction and rehabilitation needs of.- the sewer system;. and 5) -It would appear that the present hydraulic plant capacity. can meet -.the needs• of the area with the exception of the summer when the irrigation infiltration problem occurs. The issue of plant expansion should be analyzed to see if the•monies are available and the.expansion can occur as a part of projects paid by state and federal funds for the purpose of meeting Federal Clean Act requirements. Mr. Webster thanked the Council for the opportunity - to participate in the discussion of these • important developments and expressed appreciation to City staff for their assistance in analyzing this complex data. . Hazel Umtuck, member of the Cultural Committee and the Roads, Irrigation :and Land Committee of the Yakima Tribal Council, thanked the City Council for the opportunity to comment. on the draft Comprehensive Water and Sewer Plans. The following . comments were • read by Mrs. Umtuck and Robert Tuck, Fisheries Biologist for the Yakima Indian Nation. Mrs. Umtuck stated the Yakima Basin was once the exclusive homeland of the peoples that now comprise the Yakima Indian Nation. In 1855, the Yakima Indian Nation ceded the lands that,the City of Yakima and its watershed now encompass to the United States Government. The Yakima Indian Nation ceded the • lands, but did not _relinquish their rights which were specifically reserved for future generations of Indian People. The Indian Nation retains treaty secured rights pertaining to the natural resources in the Yakima Basin, i.e. water, fisheries, wildlife, native foods and medicines, cultural, and archaeological. The Tribe is therefore very concerned with any proposal that will impact these' essential resources. The Yakima Indian Nation has . followed the development of the City of Yakima's. draft Comprehensive • Water and Sewer Plans with .much - interest. It definitely needs to be said that water is absolutely essential to the people of the Yakima Basin for a variety of purposes. The •.City'should be commended for its foresight and willingness to plan for the future water needs of its citizens,.as too often, planning only occurs after a crisis arrives. Concern was expressed due to the fact that the draft water plan discusses at great length . • potential future water needs of areas outside the City of Yakima's current service area. The question was asked is this emphasis on .supplying the future needs of outlying areas really the intent of the City Council.. The Indian Nation suggested that Council review the draft plan very thoroughly before making any policy decisions. The report tends to confuse potential regional water needs with potential City water needs. The Council needs to clearly define . for the .City staff which needs it is charged with meeting. . Further, some of the data and information is suspect, to say the least. For example, the draft plan casually mentions that energy (electrical) costs are going to increase by 400% by the mid- 1990's, • and then offers little to support this statement. We believe this is a gross exaggeration, particularly in light of PP &L's publicly stated goal of maintaining a static rate base .through : 1992. We have checked with other agencies familiar. with future power projections and they also believe this figure is unreasonably high. • We are pleased that the Council has posed many specific questions in Exhibit II -1 in the material prepared for the April 12th session. We suggest that you ask for additional information with B -4 • • APRIL :19, 11988'•1; 311 respect to. question 4109. - .Question' #1'23 goes : right to, the: core of :-the decisions: that they City. Council will be: .facing over:: the next several years. ; -i _ . . . . _ = `J : E. =r) - .. �'4 +, With respect. to the potential future- needs oft :the City' itself, we • . - note. : that • ; these '.. appear to . : be f. relatively : -. modest. Viable alternatives :are,:avai'lable to the City.+tovmeet these- needs; which • can be.-;phased t in :over 'time, • as'. %demand .:increases. Met. can < support . - . . any, .option). ='which.•' emphasizes. the .concepts. of • _conservation and eff iciency. - Opportunities to do both appear to -be numerous :. . We would ,.like._ to• 'clearly '. state that: the - Yakima -,Indian Nation • continues to oppose construction of any•'project of Rattlesnake • Creek,, due to the ..severe adverse . impacts it. would., 'have on the • treaty - secured_ resources . the: area. After conducting its own extensive review: of the :draft .plan, :we hope ;:the City Council would .came to.,.the 'same: conclusion; perhaps for. the- additional reason that it is. simply not needed. to meet the future water needs of the City of �Yak'imar. , . a i , • . r 1 - The City_. Council) has the . responsibility. • of -meeting the- future water needs of. • the_ City .of. :'Yakima-! ( current - service ' area);. Providing any .water :beyond:. that -is -not i a need or requirement; it < is.r a choice . As the draft plan states on page XVIII; of ,the ,-Executive:.Summary, "Future supply requirements depend on which demands the City . . ' .chooses._': ' We urge..:the:- _City Council make a: I _careful, review of the - situation before it :makese any irreversible decisions. With respect :,to ::'the , Idraft Sewer ,, Plan;' it ::is. absolutely.; essential that..tthe • .City : adequately. and = fully. treat any ,,e,ffluent that is returned : to • the i , Yakima ,River.. Any - 'failure . to <. -do this ..severely impacts +. the health, and.- well - being: of the ., Yakima: :People, since. we - arerthe ;first , major ; -- diverter •'downst'ream , from :the; Sewage Treatment.. Plant. ' Water;- is..) diverted - onto,. • the --Reservation for irrigation . and stock water, and ` ;water _iquahity in the river influences =water•::.quality tr.in many: shallow. -wells that' -are.- used for • - domestic :use.:.We.:all are. aware .that the 'Sewage -Plant has not operated perfectly - in'.the past. Future failures have the added potential of causing serious.. damage _'to :the . anadromous :fish - runs that: are: beginning.-: to: -: show..) some signs of recovery,. due- 'to the enormous efforts. :.of't -.:a" ~-number{ of - agencies, : <includng the City • itself .::.We:: urge, the City make .sure as': ;has in ..place the: proper . faci'lities ' to .collect and . treat- _the..C•ity' :s -, effluent: As an added note; ,maybe :it istime .for: the City to :begin .considering-:recycling some: of .its effluent. • _ ., . • - Mr: Tuck :concluded his 'comments 'stating, the - Yakima ..Indian- Nation appreciates the) opportunity to provide.}= test imony'.on:: hese very important :issues, :ands;may.provide' additional written testimony to Council: i . =. - . } : <_ . J ,,. Ines _Rica, 4409.Arlington, stated she has ' a long:,time -interest in the' water: situationF'of.: the City. She .;ind'icated,_she:r had reviewed • most .of, :the :report 'has: some 1. can meats and r objections . sane of the ;things:.scontained,. therein She :.stated the report- :indicates "no property.- owner.; owns the irrigation , or canal;r company stock. The City owns the stock'and holds= it in ;trust :for;the :proprietors as it was purchased to be used." Mrs. Rice stated she is an advocate of developing :the ;Rattlesnake, Creek 'project-, ',and :the -City: should have taken action to. »develops the Rattlesnake - many years- ago, as was - provided - under- the Harding ' Act. ; She- referred .to - letters :7 in her •.firlei in which --she has Washington D.C. _prior .Ito-' Jackson . =being. :appointed - -to ::the resource: committee;-; - and _;letters _,expressing her-- :concern , about these. : water- rights She !stated ‘' ; Mayo of :CH2M::Hi11;,' has•- beenLadvocating: combination; of irrigation water and the city,xs ' . water. .for . a: number. ' .of years-, and) -she is adamantly: opposed ..1- . this . • Mrs:. -) Rice stated, ., in ++ • reading the material provided in the council packet, it seems - as- -.though the • City has taken possession and ownership of these waters and is acting as . a: trustee __-_of these; :water :.rights.-' She. asked to :see the • ' conveyance ,Ithat :gives : the _City the right to take the.: water ;• stating that when the ° water certificates -were turned over to the' City, the B -4 • 312 APRIL 19, 1988 City was only in a trusteeship. Mrs. Rice stated it is her opinion that before the City can combine the irrigation water with the domestic water, this issue would have to be voted' upon by the citizens of Yakima. She indicated she has some historical legal documents which she believes would be of interest to the City. Council member Barnett informed Mrs. Rice that it is planned in the near future to have the legal department address some of the issues mentioned by her today, and hopefully she will be able to attend that meeting. Mayor Berndt asked Mrs. Rice to allow staff to make copies of those legal documents to which she has made reference. Betty Gaudette, 701 North 6th Street, commented on the report from the Seivage next to the last page where it says "during the course of_the preparation of this plan, some improvements have been 'identified and .the city has elected to implement some of them." She noted one of was the. upgrading of'the• aeration . system to :restore secondary treatment plant capacity to original design and asked if that is the aerator from Philadelphia Gear? - Mr. Zais stated, "Yes, the City has an obligation to refurbish that system and make it operational and consultants have been engaged to do that." He stated the City has been in litigation for some time 'against Philadelphia .Gear to pinpoint the responsibility, seek damages'and recovery of our investment in .connection with the services they provided. Mrs.' Gaudette, referred to the Comprehensive Water Plan, stating she would have appreciated it if the pages of the report had been numbered with Arabic numbers rather than Raman Numerals. Mrs. • Gaudette stated she shares Mrs. Rice's concern about the City's legal right to take the irrigation. She referred' to page 20, Alternative 3 which states, "currently there are no unknown rights known to be available, thus the City would most likely have to condemn some existing rights such as irrigation: She asked if the • City is considering doing that. Council member Barnett responded the City is not considering, this, it is however, one of the alternatives presented in the plan. Mrs. Gaudette stated the other thing she finds offensive about the Comprehensive Water Plan is for the City of Yakima to become a regional supplier of water. She stated she does not understand how such a report can be written when the water rights of the. City are currently in adjudication. She questioned the of the proposed five year project, asking if this means Council will not make a decision until after the pilot program has been canpleted.. She asked who is going to be responsible for the cost of the Pilot Project should Council decide to implement this program. Council member stated last week staff indicated the irrigation line would be piped 50 feet into the property and the homeowners would then use hoses and sprinklers water their property. Mrs. Gaudette stated if the City decides to use domestic water for.irrigation,'what about the other costs involved. She stated the cost of the water. will never be paid off, whereas, if the dual system is replaced, once it is paid for," the property owners will only have to pay for • maintenance. She stated all of these costs that have not been provided in this report, will make a tremendous difference to the citizens who will have to pay for it. She indicated it will be more expensive in the long 'run for the citizens if the City converts to using domestic water for irrigation. Council member Foy responded it is very difficult for any study to show what the actual costs will be for the .pilot program. He stated if the basic concept- is putting the tee off of the current water. line, and then install a meter and a spigot 50 feet in from that line,'the property owners could then use hoses and sprinklers to water the lawn; and those costs could then be determined. He 'stated this is the type of input Council needs from the citizens regarding the pilot program. Mr. Foy stated public hearings will be held to allow the citizens an opportunity to'address these concerns. Mrs. Gaudette stated four elderly women residing on North Naches Avenue asked her to bring their letters to the City Council meeting today as they were not able to attend the meeting. Mrs. Gaudette B -4 • • APRIL.; 19, 1988 - 313 _+read a- .,letterrfrom,-Mary Kirby;. 305: North Naches Avenue, ;stating she feels• the cost = of 'domestic ,water -would be.i;prohibi:tive• beyond her however;. she is ; able - to pay fog- ,the ;irrigation ;water she currently f uses .: -Mrs . • Gaudette stated• • she ;r-has, , letters_ , regarding . cost; concerns: ;;from„ Mrs.: Ethel; Ritter, ., 315 - North -, Naches;;-Avenue, . - Frances ; Dorn, ._,307� North Naches- Avenue and rFlorine-;Burkepile, 311 North- ..Naches - Avenue... ; The - letters ; were submitted- r ;to the City ' ;Mr:; , Stouder stated, ,;issues -.of this nature.;:will- ,•be;,reviewed by staff: ,In.,•regardF -;to_ the planning t- process , =looking,,to:the year 2025 considers all of the options, including - =populat ion . growth , ,as well as alternatives. He stated one of the issues that potentially • .. 'drives'', the. _Rattlesnake Creek. , Study as a storage, t is : the other r . • surrounding users :: interest _ in _that, • and •.that the cost , of that • 'system:: only ;becomes somewhat cost effective: •: based{ upon the larger :construction of 60400 acre -feet of' -storage: The ;.City.. of; Yakima .would_.neverc :need 604,000f acre feet ;water .storage,:. but maybe other interested::: ,water -., ,users 1, might, - , particularly; , if , / Lake enlargement) does knot proceed ..i So , the issue of , looking, at rregional demands, was an :,aspect;r.of ; the t 2Rattlesnake )• ;Creek _feasibility and quite .f rankly : : is_just , .prudent - planning.;, 'He a stated-'Council. should •, be;commended-in [looking :a those feasibility : - studies and looking at the.. "what , ifs." Council„• . Barnett, asked ;--,Mr Stouder to clarify; s f - that - is .;54-, 0004 or 000 acre, ;.feet. Mr . :Stouder stated. the Mile 4• - site , was around ; 59 -60, 000 .acre, feet, ; : the;- Mile 11 ,- site was ,about,54- 56,.000. acre , feet .!He ; stated the City of- Yakima's • . needs :are120,000: while everyone, -else,',s might _;be..;up tin:the ; 60,000's. He; stated , for the ; sake lofj ,discussion•,- he ; tries to -keep itrr n round numbers.i , ; . ,; ; i t .b', .� . , t { t . Council member: : Foy - corm ,Betty Gaudette!.s._- comments! about Selah and other entities dovetails -with- ;what, Mr Stouder has - stated All of those issues are included as variables that may be considered for al. very- long ,range • plan . ; As . Mrs. Rice commented , : she, wished someone would have started.. this_,rproject in ;1964: sot ;we -could have eliminated) , ; these ,,_court; : battles.:. He • stated • he - ,;previously requested- . a letter • ,of.- intent _ ;be , .obtained , :•from _ potential users, however: this has. not ,;been;;done. He• indicated he still• believes • . such :.a•.letter should; be. ;obtained: from the surrounding :cities that might have an interest in this matter in the future., • . ;•- With :-respect 5to the City! s: irrigation systems, Mr. - Stouder: stated at _•some point: invtime,_:the ::,property. owners,r.: will•;:have.- :;to make improvements _or; replace +- the irrigation _line on , :..their ,personal • property:,:, regardless ofJ what the- ,City-_does :in, the._future..:• !-'Y, :c _7r r Council;. Buchanan : : :statedt�_rhe was (flying over r the Naches . Ri veri.;Saturday .and; noticed r,a , large amounts, -of : water -;.running above the normal high water mark- ;,throughr42the , - trees:! ; -He , stated ; we are talking about a shortage of water this fall but we currently do not have. a way to ,trap - the excess water . • ,, • - r ; : ; _t Larry: Bekkedahl,: representative : of Pacific Power- &7 Light, : 7 North . 3rd.. stated/ • 'Power, and : Light t rwou hike, to go on record, stating:. opposition- to,. the - predicted: •ele:ctr_ical rates as stated in the Comprehensive Water Plan, Section 7, pages 33, 34 and 35 which lists a ; 400 %': increase•; in electrical: ; rates.: :.He also expressed appreciation to the Yakima Indian Nation for recognition of �,PP &L ! s devotion,,.: to stable: rates. E through: -- 1992. • He : stated currently there is excess d surplus -that { .the + 'Bonneville Power • Administration (BPA) has stated within their own entity of 1600 mega watts. He stated they , have ,;not even tapped_ , the ;accessible electricity into Canada through the BC Hydro. He stated the excess is ;there and • he does: not • feel ',their rates.:. are .going • to increase . • Mayor, ; Berndt thanked Mr. Bekkedahl for clarifying ;this ; ;issue . John Klingele, 1312 West Walnut, commented on the Sewer • Comprehensive, Plan, stating staff was ,very- helpful in providing the information ,• he • -- requested. _tHe -stated he shad some . difficuity with the definitions..;given,.: :in_.• the; - material. ;c as s; they.;,- are ;.unclear. He asked that staff work on providing better definitions in the B -4 _ :314 APRIL‘19, 1988 • final draft plan. Referring' to the Comprehensive Water Plan, he Stated he was disappointed in that he had a number of questions - that were unanswered by staff. He stated the homeowners section does not include the long range cost impact on individuals. He stated the plan talks about replacing the - Ranney well•but does not give particulars about'the size of replacement well. Mr. Klingele spoke of the pilot program and commented he believes this will take some effort on behalf of the City to educate people about properly closing the irrigation pipes in the fall so they do not freeze during the winter months. He stated 'he will be' submitting scene written comments about definitions and other aspects of the plans that he would like to. see changed. Ines Rice, .4409 West Arlington,• referred 'to the water situation stating she has learned that a' lot of the west side residents are not allowing the City have their water rights; and are forming ' users organizations. She stated the City will not'be getting any more water rights because the citizens do not 'trust the City anymore. Council member Buchanan stated the citizens are justified in that ' because in the past they were told by the . City that they would get a special irrigation right forever. He stated when he first became a Council member the rates were raised to cover- costs. and he feels the citizens are justified in their feelings. Mrs. Rice stated she has purchased property on the west side of the City and the. developer was allowed to sell the water rights. Regarding ' the sewer issue, she stated she is irritated with EPA and asked why were they not on the job when the City had this . thing going with Beck? - Why did they allow Beck to do what they did and they just • ' shut their eyes didn't see anything going on and now we are in trouble; the hydraulics and the aeration basins don't work. She said the EPA needs to be told off in a lot of ways. She added • they were supposed to be overseeing the" project and they weren't. She said, "Tell them for me to back off'." Florence Hay, 71'6 South 18th Avenue, stated Yin 1980 she replaced her irrigation water with domestic water'and asked if there is going to be any more expense' to. her. She stated She does not expect Council to answer this today, but would like to be advised later. She stated -she currently has her 'irrigation lines blown out.every year and has not had'any problems with the lines freezing. • Robert Tuck,. Yakima Indian'•Nation, commented on Council member Buchanan's' remark about the high water level of.the Naches River he had observed last Saturday, stating the water is carrying the migration of fish to the ocean and therefore is not being wasted. He stated it is serving a critical purpose for the fish resource, and is crucial to the properrlife cycle of the fish. He added, even if the City builds on the Rattlesnake or enlarges' Bumping Lake, the runoff Will not be'controlled. There being no one else wishing to speak to this issue, Mayor Berndt thanked those citizens who participated in today's public hearing'. It-Was MOVED by Carmichael, 'seconded by Buchanan, to continue this public hearing to the evening of May'3rd, at 7:00 P.M. Unanimously carried by voice vote. Sims absent. • *10. FIRST QUARTER MOTOR VEHICLE ACCIDENT REPORT The first` quarter 1988 vehicle accident report submitted by the Personnel Officer,' was accepted. • • *11. CONSIDERATION OF LEGISLATION RE: • Ar RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT WITH CULP-WESNER-CULP FOR DEVELOPMENT OF A FACILITIES PLAN AND COMPLETION OF COMPREHENSIVE SEWER PLAN • • RESOLUTION'NO.' D -5448, A RESOLUTION authorizing' the execution of Amendment No: to the 'agreement with CVO -HDR,. Inc., consulting engineers, for consulting engineering services. • B -4 APRIL'19,' 1988''' 315 ' B '.'' 'ORDINANCE! `AMENDING "THE - 1988 BUDGET MAKING AN':APPROPRIATION IN c: THE 476. SEWER `CONSTRUCTION'' FUND" TOI . COMPLETE THE :COMPREHENSIVE :- `- SEWERC PLAN .' ( =FIRST 'READING ) -' • • ' ' • •• • ' An =0rd`inarice- "appropriating funds • for „ the''. completion :'of the Comprehensive -Sewer 1 Plan having •been read by''title :only - this meeting was laid -'on the • -table ''for ''orie' week I qor" until April 26, 1988. • *12. CONSIDERATION OF RESOLUTION AUTHORIZING CONCESSION AGREEMENT WITH YAKIMA' NATIONAL - LI-TTLE LEAGUE ' • J RESOLUTION: NO.' :I 5449; 'RESOLUTION 'authorizing ''and' - directing the C ty Arid City -Clerk "of' • the -'City of- Yakima to' - execute a concession • 1 ' - agreement ' : with , Yakima' ":Nat -ional Little League Association. :,: {... - c::n; j *13. CONSIDERATION OF RESOLUTION AUTHORIZING "INTERLOCALGOOPERATION AGREEMENT WITH CARLON PARK RESOLUTION ;NO." 1 5450,':A (RESOLUTION authorizing .the City Manager to execute - an `Interlocal Agreement 'with :Selah, allowing Yakima" provide'balifield maintenance at- 'Carlon•Park; Selah. t * 14. CONSIDERATION "OF RESOLUTION') AUTHORIZING TREE TOP - 'BICYCLE'( RACING CLASSICi °;. , 'RESOLUTION NO. • D =5451; A RESOLUTION'' authorizing :.the , -closure of certain streets : within' lthe '' City?; - "of :.Yakima :_otot•r° accommodate a criteriumf bicycle race:; *15. CONSIDERATION OF RESOLUTION AUTHORIZINGTHE'''SALE:wOF ^SURPLUS - PROPERTY (FIRE DEPARTMENT) RESOLUTION NO. D -5452, A RESOLUTION authorizing the sale of surplus per'sona property ownedby =-the City. f;->i'• ':• + '' ' *16'. `APPROVAL OUT -OF- STATE:TRAVEL FOR BRENL GEORGE; POLICE OFFICER, TO BOSTON,' MASSACHUSETTS o' .t,, ; -,t,: The out -of -state travel for Brenda George, Police Department, to attend and participate in the National Law Enforcement' - Explorer Conference in Boston, Massachusetts, July 10 -16, 1988, at a cost of $600.00'; was;:approved ' -; {, *17. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE SALE OF GENERAL OBLIGATION BONDS FOR -PARK IMPROVEMENTS ORDINANCE NO. 3092, AN ORDINANCE`bf 'the'City Council of the City of Yakima, Washington, providing for the issuance and sale of ' unlimited tax general obligation bonds of the. City in the principal •sum of $2,250,000 for the_ purpose _of providing funds to pay the Ill cost'of acquiring, constructing'and'installing improvements to City park and recreation facilities; providing the date, form, terms and maturities of said bonds; - providing for the disposition of the proceeds of . sale of such bonds; providying 'for: the annual levy of taxes to pay the principal of and interest on said bonds;' providing for the sale thereof and declaring an emergency. *18. CONSIDERATION'OF'- PROPOSED'AMENDMENT "TO' THE - CITY'S FLOOD DAMAGE PREVENTION ORDINANCE • ORDINANCE NO. 3093, AN ORDINANCE relating to building regulations; providing standards for construction within floodways and amending Section 11.'58.160 of the City of Yakima Municipal Code. *19. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 BUDGET AND APPROPRIATING FUNDS FOR PARKS AND RECREATION DIVISION (SECOND READING) B -4 316 • APRIL 19, 1988 • An Ordinance appropriating funds for the Parks and Recreation . Division, having been read by title only at the April 5, 1988 meeting, was brought before the Council for a second reading. ORDINANCE NO. 3094, AN ORDINANCE amending the 1988 budget for the City of Yakima; and making an appropriation in the Parks and Recreation Fund for expenditure during 1988. 20. OTHER BUSINESS • Mayor Berndt stated she had received a letter from James Yakima Herald Republic, inviting the Council to a luncheon meeting with the Yakima Herald Republic Editorial Board to discuss various matters of interest. Following a brief discussion of possible meeting'dates, it was the consensus of the Council to schedule the luncheon meeting for May 24th. Information Items: Items of information supplied to Council were: Mission Statement and Organizational' Chart for the Yakima County -Wide Coalition for the War on Drugs, 4/19/88; .Memorandum from the Chief of Police regarding Narcotics Enforcement Update, 4/14/88; Agenda for the Special Hearing Examiner Meeting of April 18, 1988 and April 20, 1988 ;' Letter from the Director of Engineering and. Utilities responding to Neil C. Buren's inquiry regarding Sewer•Service for 501 West Washington Avenue, 4/12/88; Minutes of the Parks and Recreation Commission Regular Meeting of March .14, 1988; Minutes of the Yakima Convention Center Advisory Commission Meeting held March 29, 1988 and the Yakima Center Management Report'for March, 1988 and the Monthly Division Report from the Department of Community & Economic Development for March, 1988. - 21. EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION It was MOVED by Buchanan,' seconded by Barnett, to move into Executive Session for approximately twenty minutes for the purpose of - discussing pending and prospective litigation, and adjourn immediately thereafter. Unanimously carried by voice vote. Sims • absent. • 22. ADJOURNMENT • Following the completion of the Executive Session, the meeting was adjourned at the hour of 4:20 p.m. READ AND CERTIFIED. A C C U R A T E B I / . q IL MEMBER DA h ATTEST: COUN CT , KaAe-)-L A, , • • . CITY CLERK • • MAYOR Minutes prepared 'by Deputy City Clerk Barbara J. Toney, CMC. B -4