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HomeMy WebLinkAbout05/26/1992 Business Meeting 294 MAY 26, 1992 12:15 P.M. -- YAKIMA AIR TERMINAL LOBBY 1. SPECIAL CITY /COUNTY PRESENTATION TO YAKIMA AIR FAIR ASSOCIATION Mayor Berndt read a resolution commemorating the tenth anniversary of the Yakima Air Fair and honoring the founding fathers. County Commissioner Deccio displayed a mock -up of a plaque honoring the founding fathers of the Yakima Air Fair. The driveway into the airport was renamed Air Fair Way in honor of the Air Fair. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF YAKIMA, WASHINGTON MAY 26, 1992 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, Councilmembers Clarence Barnett (absent after 5:15 P.M.), Henry Beauchamp, Bill Brado, Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, City Clerk Roberts and Clerk Harris also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Buchanan. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Berndt announced that the Association of Washington Cities (AWC) meeting will be held June 16, 17, 18, and 19th. She asked if it was the consensus of the Council to hold the regular Council meeting that week; it was the consensus to hold the meeting. It was MOVED BY BUCHANAN, SECONDED BY BRADO, TO APPOINT PAT BERNDT, DICK ZAIS, AND MARKETA OLIVER AS THE CITY'S THREE VOTING DELEGATES FOR THE AWC CONFERENCE. The motion carried by unanimous voice vote. 4. CONSENT AGENDA Mayor Berndt referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Councilmembers or citizens present. The City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was the consensus of MAY 26 ,1992 2 9 5 the Council to remove:.Item No. 18. .It was MOVED BY BUCHANAN, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 5. PUBLIC MEETING ON APPEAL BY UNION GOSPEL MISSION ON INTERPRETATION OF CODE (CONTINUED FROM MAY 19, 1992) Councilmember Brado asked to be excused in the interest of appearance of fairness. This being the time set for public meeting, Mayor Berndt opened the meeting and asked for anyone wishing to speak in favor of the appeal. Roger Phillips, Executive Director of Union Gospel Mission, commented that the Mission has been in Yakima for almost 57 years and he has acted as Director for almost 25 years. He presented petitions with 2100 signatures, in favor of the Mission. He stated, time permitting, he was sure they would be able to obtain at least 10,000 signatures. City Attorney Vanek questioned the legality of taking petitions at this public meeting. Mayor Berndt and Mr. Carmody, attorney for Union Gospel Mission, reminded him that petitions were accepted last week from the opposition. Mr. Phillips' contention is that the Mission has been one of the greatest assets to the City, without any cost to the City, in regard to helping the homeless. He mentioned the YMCA's Battered Women, Calvary Rescue,, Army Way Station, group homes, halfway houses; ": "inariy churches. He feels the Mission is being singled out and a precedent is being set in reclassifying which will affect all of the aforementioned groups. He reported a meeting the Mission held three weeks ago with the opposing businesses in the area; four hours was spent discussing the issue. He stated alcohol and drugs are not allowed on the Mission property, which is not the case with motels and bars. Mr. Phillips commented he asked the manager of Red Lion what they do when someone is drunk and disorderly. He was told they try to quiet them down and if they can't, they take them off the property. The Mission residents are in bed and the property is locked at 9:30 P.M. He believes the fears of the opponents are unfounded. The problem of rebuilding at the present location is one of lot size. He urged the Council to reverse the Hearing Examiner's decision. Councilmember Beauchamp asked why he did not want the reclassification. Mr. Phillips believes they will now have opposition from current adjoining property tenants, no matter what site they choose. The new site plan has provisions for enclosed grassy areas and a reading room so that there would not be a need for people sitting on the street. They will also have a patrol on duty at 6:00 P.M. for control. 2 2 9 6 MAY 26, 1992 Jim Gaunderman, a retired Yakima businessman on the Board of the Mission, stated in the earlier days the Mission was primarily composed of older men with alcohol problems. The scenario has changed now to younger men and women and families. The Mission has changed many of their lives and these people are now tax paying, contributing citizens. The Mission teaches these people biblical principals, as well as feeding and clothing the needy, at no expense to the taxpayer. He believes the Mission should be classified as Class 1, and that the business community should be grateful the Mission is there to get the homeless and needy off the streets. Dennis Hunt, 13 S. Front Street, spoke concerning the classification of community centers. He stated five years ago he was addicted to cocaine and heroin. Union Gospel Mission helped him get his life in order and he is now the house manager for the Mission. He asked the Council to consider the needs of the disadvantaged citizens first. Larry Mathews, 805 S. 17th Avenue, pointed out that the Americans with Disabilities Act applies to the Mission's effort to find housing and services for the disabled. He believes a ruling against the Mission would discriminate against the disabled. He presented material relevant to this subject. Charles Riemcke, a Yakima resident, asked the Council to give compassionate consideration to the Mission in obtaining their goals. Rick Phillips, Assistant Director of Union Gospel Mission, stated the three issues which the Hearing Examiner based his decision on were the range of services provided, the nature of the service population, and the desirability for public review. He commented none of these issues have changed during the 57 years the Mission has been in service. He feels the Mission is being discriminated against because of the clientele they serve. He asked the Council to be compassionate toward the Mission and their goal. Councilmember Barnett and City Attorney Vanek reminded the Council and the speakers that this was not to be a site specific issue, that the discussion should concern the hearing examiner's definition of "community center ". Roy Brown, Chaplin of Union Gospel Mission, a Yakima resident and pastor since 1984, spoke concerning the crime rate in Yakima and the help the Mission gives to the City to help prevent crime. 3 MAY 26, 1992 2 9 7 Travis Brown, a resident of .Yakima, spoke in favor of the Mission and the help' .give to citizens in need. He agrees with the community center definition for the Mission. Alice Coleman, a senior Yakima resident, spoke in favor of the Mission and commended the work they do for needy citizens. Richard Andring, 203 S. 8th Avenue, spoke in favor of the Mission being left classified as a community center. Gabriel Ramos, Assistant Spanish Chaplain for Union Gospel Mission, invited the Council and audience to visit the Mission. He discussed the good the Mission does for the Hispanic population. Charles Ryan, 13 Park Avenue, Union Gap, an employee of Union Gospel Mission, commented he could see no reason for a change in the classification. The Mission has been doing the same services since they have been in the community. Changing the classification would deter the work of the Mission. Harold Hagstrom, Chairman of the Union Gospel Mission Board, expressed his desire for the Mission to remain in the classification of community center. It has been a community center since 1936 and should stay that way. Mr. Hagstrom has been on the board for., 41 years. He surveyed the neighbors in their present location and has not had one negative response; he received only positive responses. Councilmember Barnett asked Mr. Hagstrom what4-the j objections are to a Class 2 review. Mr. Hagstrom replied the Mission can see no reason for a change in classification, and feels it is a waste of time. Bob Harris, Youth Director for the Union Gospel Mission, stated he would like to respond to Councilmember Barnett's question. Mr. Harris worked for 10 years with the Sheriff's Department before being employed by the Mission. His concern is that in the future this reclassification would be used as a discriminatory lever. He cited the recent racial problems in the Los Angles area. Bob Nichols, 216 S. 37th Avenue, a member of the Board of Directors, resident of Yakima since 1947, and a Second World War veteran, spoke in favor of the Mission remaining in the community center classification. He expressed his concern of citizen's attitude of "the Mission is great, we need it, but keep it away from our vicinity ". Steve Jordan, pastor of Lighthouse Temple, addressed the issue of the Mission being used as a meeting area for other 4 2 9 8 MAY 26, 1992 groups. He feels this adds to the definition of the Mission being classified a community center. Mayor Berndt asked for anyone else present wishing to speak in favor of the Mission being 'classified as a community center. James Carmody, attorney for Union Gospel Mission asked for permission to speak at the end of the meeting, which was granted. Mayor Berndt then asked for anyone wishing to speak in favor of the Mission being reclassified. John Puccinelli, owner of Mel's Diner, spoke for the Mission being reclassified. He stated he is aware of the homeless problem and is sympathetic to the Mission. His contention is as long as the Mission is classified as Class 1, the adjoining businesses have no input. He feels this is unfair and asked for the change in classification so the input can be heard. Mr. Puccinelli contended he spoke to Mr. Phillips about dropping the Mission's appeal because of the opposition's push for a Class 3 classification. He contends that he was told by Mr. Phillips that the Mission would drop the appeal on Monday, May 11th, and accept a Class 2 qualification, in exchange for Mr. Puccinelli writing a letter of support for the Mission. Councilmember Semon commented this has nothing to do with the present issue and asked for the pertinent issue only to be discussed. Mr. Puccinelli asked for the Hearing Examiner's interpretation to be upheld. Cedric Clark, 1208 N. 1st Street, owner of Yakima County Beverage, expressed his opinion that a community center is open to all for weddings and parties using liquor which is not the case with Union Gospel Mission. He commented he is not against the Mission, but is a businessman and does not want the Mission on North First Street. Mina Kyle, a partner of Kemper's and Lariat Drive -ins, complained about the residents of the Mission drinking and urinating in public. She asked for the classification of the Mission to be changed. Calvin Clark, owner of R & R Construction, 1224 N. 1st Street, discussed the residents of the Mission. He feels North 1st Street is the gateway of Yakima and should be maintained as a good, clean image. His opinion is with improved conditions for the homeless, it will create more homeless coming to Yakima. He stated he is not opposed to the Mission, but would like for them to be classified as a Class 2 or 3. Councilmember Beauchamp asked Mr. Clark where he thought a suitable location would be, and Mr. Clark replied he would like them to locate where the building burned. 5 MAY 26, 1992 2 9 9 Dan Drais, 3600 One Union Square.,, Seattle, spoke concerning the City's legal opinion of this matter not exceeding the hearing examiner's authority; his opinion is that his authority was exceeded. • Clarence Marshall, discussed the negative responses of neighbors of the Union Gospel Mission. He is opposed to the open drinking, begging, and public defecation. Mr. Beauchamp also asked Mr. Marshall where he felt would be a good place for the Mission to locate; Mr. Marshall had no suggestion. Dan Ehrlich, an employee of Comfort Inn, spoke for the Gateway to Yakima on North First Street being kept a positive image. He spoke of the negative image of the Mission residents. Mr. Beauchamp asked if he had actually seen people urinate on North 1st Street, on the sidewalk, and he replied that he had, more than once. Alice Keller, Lariat and Kemper's Drive -in, also asked for consideration of North 1st Street as the Gateway to Yakima. She complained about the old cars and stench which comes from the alleyways around the current Mission site. Tay Yum, 1223 North 1st Street, owner of Palomino Motel, asked for Council consideration of the business owners on North 1st Street. Mayor Berndt asked for any closing statements or rebuttals and requested they be brief. James Carmody, attorney for Union Gospel Mission, remarked that "there was no meter running on this ", and that it has become very personal to him. He believes the real issue at hand has been diverted. He asked the Council to determine the interpretation of the ordinance and classification only. Homelessness, poverty, alcoholism, and drug problems are all problems of communities everywhere and are not related to the usage of the Mission facility. The Mission has been a part of the central Yakima business district for 57 years, and has been processed in hearings twice as a community center. The activities of the Mission are the same and he believes it is not proper to reclassify it. He read the definition of community center and states this fits the activities of the Mission. Mr. Carmody believes the issue of poverty is the real reason for the reclassification and the rules being changed. He appealed to the Council to not 1/ require a higher standard for the poor. He cited a case in Tacoma (JW vs City of Tacoma) in which a higher standard review was placed on group homes with former mental patients; this was ruled illegal. 6 3 0 0 MAY 26, 1992 Roger Phillips, replied to Mr. Puccinelli's statement. It was his understanding that if the North 1st Street merchants did not contest the Mission that he would then accept the Class 2 classification. Mr. Beauchamp asked what modification could be made at the Mission to prevent the current complaints. Mr. Phillips stated the Mission does not lock the bathroom facility. He commented that at ball games and even on the side of public highways, people are observed urinating, therefore it is not a unique problem to the Mission. Mr. Phillips replied at the proposed North 1st Street site there would be off - street, out of the public view areas for the Mission residents to rest. Mr. Drais reviewed his opinion of the hearing examiner's decision. He asked the Council to consider the impact of the land and referred to a letter from a proposed purchaser stating he would withdraw his offer if the Mission was there. Councilmember Sims questioned City Attorney Vanek concerning protection under the Americans with Disabilities Act (ADA) Mr. Vanek replied this would not apply to the issue at hand. Mr. Puccinelli replied to Mr. Phillips that he did not realize there was any conditions to their proposed agreement. He asked why he was not still agreeable to a Class 2 review. He requested the Council to uphold the Class 2 review. Mayor Berndt closed the public meeting and asked for Council discussion. Councilmember Barnett referred to Webster's Ninth New Collegiate Dictionary for the term "mission ". His opinion of this definition is that because of the reference to government aid that he does not believe this defines the Mission. He feels that the Hearing Examiner's decision should be upheld. Councilmember Semon stated he could see no reason for Da change in the classification. Itwas MOVED BY SEMON, SECONDED BY BEAUCHAMP, TO UPHOLD THE APPEAL OF THE HEARING EXAMINER'S DECISION. The motion failed by lack of a majority vote; Barnett, Buchanan and Sims voting nay. City Attorney Vanek clarified that the motion states the Mission is a community center and differs from the Hearing Examiner's decision. Mayor Berndt voted aye stating she felt this was in the interest of fairness because they have always been classif ied,3 Class 1 and because the City is in .need of the care which the Mission gives. If the Mission is unable to continue their care of the homeless, Mayor Berndt feels it will then be a necessity for the City or other government agencies and not be as well done or as cost effective as the Mission accomplishes. Buchanan voted nay, stating it was a tough decision and he felt the hearing was not handled properly. Beauchamp voted aye stating he believes the Mission meets the definition of public assistance because they give food and clothing to citizens. However, he asked 7 r -. MAY 26, . 1992 3 0 1 for the Mission leaders to follow up on any complaints received, in the spirit of being good neighbors. Barnett voted nay because he feels the definition is correct. City Attorney Vanek commented the Council needs to make an affirmative motion, or as another option they could bring Mr. Brado in to review the information and to break the tie. It was MOVED BY BARNETT, SECONDED BY SIMS, TO ACCEPT THE HEARING EXAMINER'S DECISION. The motion failed on a 3 -3 tie vote; Beauchamp, Berndt and Semon voting nay. The possibility of being dismissed to an Executive Session was discussed. Following further discussion, it was the consensus of the Council to abide by status quo, therefore the motion carried and the Mission will be a Class 2 review. Following a brief recess at 4:37 P.M., the Council reconvened at 4:48 P.M. Mayor Berndt announced she received a request. from Mrs. Lefors to postpone Item No. 21 until next week because of the time element. Councilmember Barnett asked if the Lefors would have an appraisal ready. Director of Engineering and Utilities Covell was unsure if this would be ready. Mr. Barnett_ also requested and received, from Mr. Covell, clarification regarding a portion of the property being acquired. Mayor Berndt announced that audience participation would be postponed until the necessary business items are handled. .,._- 6. PUBLIC MEETING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON MASTER APPLICATION FOR PROPERTY LOCATED AT 102, 104, & 106 NO. 6TH STREET, REQUESTED BY THE YMCA This being the time set for the public meeting, Associate Planner Lehman explained the YMCA's request and was present to answer questions. The Hearing Examiner recommended the YMCA, YWCA, Yakima Mall and the City share the cost of installing pedestrian lighting between Naches Avenue and 6th Street. Following Council discussion concerning the issues being separated, it was the consensus to keep the issues separate. Mayor Berndt opened the public meeting for public comment in favor of the proposal. 1/ Bill Huibregtse, 501 N. 2nd Street, a member of the Board of YMCA, spoke concerning the need of parking spaces and additional lighting. He explained the fences which would be erected for security, and the proposed landscaping. The YMCA has received commitments from the YWCA and the Yakima Mall and asked for the City to commit 1/4 of the cost of the lighting. Councilmember Beauchamp asked how the parking lot would benefit the public. Mr. Huibregtse replied that it 8 302 M(26, 1992 would be for the use of members only, but would free the spaces formerly used by members. Councilmember Buchanan asked if there would be trees planted in the parking lot and was told yes. There being no one else present wishing to speak in favor of the proposal, Mayor Berndt asked for anyone wishing to speak in opposition. Mitch Nickolds, a member of the Northeast Neighborhood Association, 505 E. "G" Street, commented he was not necessarily in opposition. However, he asked the Council for future consideration of the residential areas and their best interest when there are commercial rezonings. He asked for the same consideration in the future for the Neighborhood Association, when a rezone in being considered, as the YMCA receives. There being no on else present wishing to speak to the issue, Mayor Berndt closed the public meeting. Mayor Berndt stated she was on the Board of the YMCA for 6 years in the past. She and City Manager Zais met with Mr. Huibregtse and Mr. Arnett on the lightning issue. Councilmember Brado stated he received a call from a representative of the YMCA asking why he was opposed to the rezone. He replied that he was not aware of the rezone and stated he could not form an opinion. Councilmember Barnett stated a similar call was placed to him. The other Councilmembers declared no exparte contact. It was MOVED BY BRADO, SECONDED BY SIMS, THAT THE REZONE MASTER APPLICATION BE APPROVED, AND STAFF DIRECTED TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote. It was MOVED BY BRADO, SECONDED BY BARNETT, THAT 1/4 OF THE COST OF THE LIGHTING, UP TO $3500, BE PROVIDED BY THE CITY, PROVIDED THE OTHER 3 ENTITIES PAY THEIR SHARE. The motion'carried by unanimous voice vote. City Manager Zais stated the funding would come from the Street and Traffic Operations budget. 7. PUBLIC HEARING ON VACATION OF PUBLIC UTILITY EASEMENT VICINITY OF 4606 SCENIC DRIVE, REQUESTED BY DR. AND MRS. ABOULHOSN (SEE RESOLUTION APPROVING VACATION) This being the time set for the public hearing, Associate Planner Lehman explained the proposed easement vacation and was available for questions. Mayor Berndt commented she received a note from Dr. Aboulhosn as he was unable to stay for the hearing. Mayor Berndt opened the public hearing and asked for anyone present wishing to speak to the issue. Scott Byers, 120 North Naches, attorney for Hilltop Water Users Association, requested any water lines, belonging to the Association, within the easement be relocated at Dr. Aboulhosn's expense, and an easement be granted if any 9 MAY 26 ,; =1992 3 0 3 are located. Planning Manager. „ -$kone asked the water association if they could determine the location of the water lines and make this known to the City. Councilmember Buchanan responded that the association ,should not be expected to do so when the City can't locate all their lines. 1/ Councilmember Beauchamp commented he felt this was a fair request from the water users association. There being no one else present wishing to speak to the issue, Mayor Berndt closed the public hearing. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE APPLICATION AND INCLUDE THE RELOCATION OF ANY WATER LINES OF HILLTOP WATER USERS ASSOCIATION AND AN EASEMENT BE GRANTED IF ANY LINES ARE FOUND. The motion carried by unanimous voice vote. City attorney Vanek stated the resolution will be re- written to contain that provision, however, Council elected to draft a floor amendment. Resolution No. D -6115 having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO APPROVE THE RESOLUTION. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT IF WATER LINES BE DISCOVERED ON LOTS 4 & 5 BELONGING TO THE HILLTOP WATER ASSOCIATION, THAT NOTICE BE GIVEN TO HILLTOP THAT THEY HAVE THE OPPORTUNITY TO MOVE, AT THE APPLICANT'S EXPENSE, AND APPLICANT GRANT APPROPRIATE EASEMENT ELSEWHERE. The motion carried by unanimous voice vote; Barnett absent. The question was called for a vote on the motion, as amended. The motion carried by unanimous roll call vote; Barnett absent. RESOLUTION NO. D- 6115,,A RESOLUTION authorizing vacation of the public utility easementonLots 4 and 5 of the Hilltop Heights Subdivision, located at 4606 Scenic Drive, Yakima, Washington. 9. CONSIDERATION OF LEGISLATION REGARDING TRANSIT TRANSFER FACILITY: A. RESOLUTION INCREASING EXPENDITURE AUTHORIZATION FOR PURCHASE OF PROPERTY FOR TRANSFER CENTER PROJECT John Haddix of the Transit Division was present to answer Council's questions. In answer to Councilmember Brado's question, Mr. Haddix stated the property acquisitions were very close to being settled. Resolution No. D -6116 1/ having been read by title, it was MOVED BY SIMS, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Brado voting nay; Barnett absent. Brado stated he voted nay because he feels the cost is prohibitive and that needed housing and downtown parking are being eliminated. 10 30 4` MAY26, 1992 RESOLUTION NO. D -6116, A RESOLUTION amending Resolution No. D -5985 in order to increase the total aggregate purchase price of land for the Downtown Transit Transfer Facility from $500,000.00 to $692,000.00. B. FIRST READING OF ORDINANCE AMENDING 1992 CAPITAL BUDGET FOR TRANSIT TRANSFER FACILITY PROPERTY ACQUISITION AND IMPROVEMENTS (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 Capital budget for Transit Transfer Facility property acquisition and improvements having been read by title only, was laid on the table for one week, until June 2, 1992. 10. CONSIDERATION OF LEGISLATION RELATING TO DOWNTOWN TROLLEYS: A. RESOLUTION CONTINUING TROLLEY SERVICE FARE FREE Resolution No. D -6117 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. The motion carried by 5 -1 roll call vote; Brado voting nay; Barnett absent. RESOLUTION NO. D -6117, A RESOLUTION continuing trolley bus service fare free. B. FIRST READING OF AN ORDINANCE AMENDING THE 1992 TRANSIT BUDGET AND APPROPRIATING FUNDS FOR EXTENSION OF TROLLEY DEMONSTRATION SERVICE THROUGH 1993 (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 Transit budget and appropriating funds for extension of Trolley Demonstration service through 1993, having been read by title only, was laid on the table for two weeks, until June 16, 1992. 11. CONSIDERATION OF RESOLUTION ADOPTING FINDINGS, FACTS AND DECISION WITH CONDITIONS RELATING TO THE COLUMBIA ASPHALT AND GRAVEL SHORELINES PERMIT APPLICATION (AVAILABLE TUESDAY) Councilmember Buchanan was excused in the interest of appearance of fairness. Assistant City Attorney Paolella reviewed the finding and conclusions, with conditions, that were previously agreed upon at a meeting with the County Commissioners on Friday. He explained changes made this morning by the County Commissioner's office including a more specific legal description included in the concomitant agreement, which is not yet available. The more significant change which the Commissioners decided upon was related to the vegetation site screening. The. Commissioners decided to retain the original draft language which was much more specific on requirements concerning spacing and types of 11 ivIAY 26; ,'1992, 3 0 5' trees. They asked for .the' .City,to - concur, and it was the consensus of the Council'to do so Mayor Berndt opened the meeting to public comment, but remarked that no further testimony would be permitted, only comment on the conditions. Charles Flower, Attorney for Groenig Development, requested five exhibits be recorded. Scott Byers, attorney for Columbia Asphalt, objected to the exhibits, stating the documents include further evidence. Mr. Flower stated there were significant changes which were not in the original City conditions. He referred to former restrictions on the Newland Pit and said the conditions were not restrictive enough in that instance. He asked the Council to reject the Mitigated Determination of Nonsignificance (MDNS) and have another determination. He does not believe the conditions and enforcements are restrictive enough. Councilmember Semon stated he feels it has been made as restrictive as possible and that the means are available if any problems present themselves to be corrected. Concern for the residents was shown by denying both the asphalt and concrete plants. Attorney Scott Byers commented he agrees with Mr. Flower that "the proof will be in the operation ". He is unsure if the applicant will be able to economically continue to operate, with the conditions .imposed. James Carmody, attorney, for Lake Aspen homeowners, expressed his concern for the monitoring of water levels, the dike, reclaimed asphalt, noise abatement and the requirements being met. Mr. Flower inquired about the language of City and County and was told that everything does have to be considered by both. Councilmember Sims asked if outside material could be brought on site until this application is approved. Assistant City Attorney Paolella replied that they are allowed to do whatever the grandfather rights allow, within the existing court order. Resolution No. D -6118 having been read by title, it was MOVED 1/ BY BEAUCHAMP, SECONDED BY SEMON, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote;. Buchanan absent. 12 306 MAY 2E, 1992 *12. CONSIDERATION OF LEGISLATION RELATING TO COUNTY LAW AND JUSTICE FACILITY A. RESOLUTION AUTHORIZING INTERFUND LOAN RESOLUTION NO. D -6119, A RESOLUTION authorizing an Interfund loan from the FRS Capitol Theatre Reserve Fund to the General Fund, and providing for repayment. B. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS TO PAY. CITY'S SHARE OF COSTS FOR THE COUNTY LAW AND JUSTICE FACILITY (NO .FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds to pay the City's share of costs for the County Law and Justice Facility having been read by title only, was laid on the table for one week, until June 2, 1992. *13. CONSIDERATION OF RESOLUTION AUTHORIZING TERMINATION OF LEASE FOR LEGAL DEPARTMENT OFFICE SPACE AND AUTHORIZING EXECUTION OF LEASE FOR LEGAL DEPARTMENT OFFICE SPACE WITH YAKIMA MALL SHOPPING CENTER CORPORATION RESOLUTION NO. D -6120, A RESOLUTION authorizing the City Manager of the City of Yakima to terminate a lease agreement with CENTURY PLAZA PARTNERSHIP for the premises currently used by the City Legal Department and authorizing the City Manager to execute a lease with YAKIMA MALL SHOPPING CENTER Corporation for new Legal Department office space. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ALLIED ARTS COUNCIL FOR ARTSVAN PROGRAM RESOLUTION NO. D -6121, A RESOLUTION authorizing execution of an Agreement with the Allied Arts Council of Yakima Valley for "ArtsVan Program." *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF THREE LICENSE AGREEMENTS WITH YAKIMA COUNTY FOR YAKIMA VALLEY TRANSPORTATION CORRIDOR CROSSINGS RESOLUTION NO. D -6122, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute three License Agreements with the County of Yakima. *16. CONSIDERATION OF RESOLUTION ASSIGNING CONTRACT FROM STATE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR FUNDING SPECIAL HOUSING PROJECT TO THE CAREBEARERS VOLUNTEER PROGRAM RESOLUTION NO. D- 6123, A RESOLUTION authorizing the City Manager of the City of Yakima to assign the approved contract 13 MAY 26,. 1992 30 7 from Washington State Department,of Community Development for funding of the purchase and rehabilitation of a duplex for HIV infected community residents to the Carebearers Volunteer Program, who will be the legal owners. *17. CONSIDERATION OF RESOLUTION OF INTENTION TO CREATE NORTH FIRST AVENUE PAVEMENT LID (SET DATE OF HEARING FOR 6/23/92) RESOLUTION NO. D -6124, A RESOLUTION of intention to create a local improvement district. 18. NOTICE OF INTENTION TO ANNEX PROPERTY IN VICINITY OF "P" STREET AND ERICKSON LANE (NORTH ACRES ANNEXATION) (STANDARD MOTIONS A & B) It was MOVED BY BEAUCHAMP, SECONDED BY BRADO, TO ADOPT STANDARD MOTIONS A & B TO INITIATE ANNEXATION. The motion carried by unanimous voice vote; Barnett absent; Sims temporarily absent. May 26, 1992 was set as the time of a meeting with the initiating parties who have signed the Notice of Intent to Commence Annexation Proceedings, the initiating parties being Burton DeYoung, Mr. & Mrs. Jerry L. Turner, and Mr. & Mrs. Alan G. Carroll. The annexation proposed by the initiating parties was accepted by the City of Yakima; the area to be annexed was required to assume its share, - of the City's existing indebtedness; and it was directed that a Notice of Intent to Annex be filed with the Yakima County Boundary Review Board. 8. AUDIENCE PARTICIPATION Audience participation was considered out of sequence after Item No. 18. A. PRESENTATION FROM THE HOUSING FOUNDATION REGARDING COMMUNITY HOUSING NEEDS Mayor Berndt thanked the participants for their patience in waiting for this'presentation. Warren Van Hoose, Vice Chairman of the Board of the Housing Foundation, discussed the critical shortage of housing in the City. Citizens are living in overcrowded conditions, . in garages and cars without water or heat, causing tuberculosis to 1/ be on the rise in the City. He mentioned the eight houses which would be lost by the proposed YMCA parking lot. The Save -A -House group is investigating the possibility of saving these houses. The Housing Foundation is striving to find a solution to these problems and asked for the Council to become active with 14 3 0 8- 26, 1992 the Foundation. Mayor Berndt ' mentioned the new apartments and projects that are being built. Mr. Van Hoose and Councilmember Brado stated the greatest need is for low income housing without lowering safety and health standards. Councilmembers Beauchamp and Brado expressed interest in helping and attending the meetings. Councilmember Semon discussed the need for State and Federal help with this problem. Mr. Van House replied that they are looking to the National level for help. B. SPECIAL PRESENTATION FROM GLENN PHIPPS REGARDING AG SHOWCASE UPDATE Due to the lateness of the hour, this presentation was not made. *19. SET DATE OF FINAL ASSESSMENT ROLL FOR NACHES PUBLIC SCHOOL DISTRICT WATER LID FOR JUNE 23, 1992 June 23, 1992 was set as the date of hearing on the Final Assessment Roll for Naches Public School District Water LID. *20. APPROVAL OF FIRST QUARTER 1992 INSURANCE CLAIMS REPORT The First Quarter 1992 Insurance Claims Report was accepted. 21. CONSIDERATION OF ORDINANCE AUTHORIZING LEGAL PROCEEDINGS FOR THE CONDEMNATION AND ACQUISITION OF PROPERTY IN VICINITY OF TIETON DRIVE AND 32ND AVENUE (LEFORS PROPERTY) At Mrs. Lefors' request, this item was postponed for one week. *22. CONSIDERATION OF ORDINANCE RELATING TO PUBLIC NOTICE PROCEDURES FOR LOCAL IMPROVEMENT DISTRICTS ORDINANCE NO. 3455, AN ORDINANCE relating to streets and sidewalks, specifically relating to local improvement districts and assessments therein; mandating an assessment roll upon completion of the improvement; requiring a notice of the hearing; and describing the procedure for confirming the assessment roll; and amending Section 8.12.075 of the City of Yakima Municipal Code. *23. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN HOUSING & NEIGHBORHOOD CONSERVATION POSITIONS •ORDINANCE NO. 3456, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective June 28, 1992; amending Subsections 15 MAY 26, 1992 3 0 9 • 2.20.100 A, 2.20.100„ A, 2.20.110 F, all of the City of Yakima Municipal *24. FIRST READING OF AN ORDINANCE AMENDING THE 1992 BUDGET AND APPROPRIATING FUNDS FOR CONFINED SPACE ENTRY SYSTEMS FOR SEWER COLLECTION AND PLANT PERSONNEL (NO FORMAL ACTION REQUIRED THIS MEETING) An Ordinance amending the 1992 budget and appropriating funds for confined space entry systems for Sewer Collection and Plant personnel, having been read by title only, was laid on the table for one week, until June 2, 1992. 25. OTHER BUSINESS None Items of Information: Yakima Avenue /I -82 and Fair Avenue - Yakima Gateway Project Progress Report; March 24 - April 24, 1992; Memorandum from Director of Public Works and Parks and Recreation Manager regarding Dedication of the New Picnic Shelter at Chesterley Park. 5/21/92; Monthly Report of the Chief of Police for April 1992; Monthly Report from Legal Department for April 1992; Notice of DOE Agreed Order Issued to Time Oil & Sunnyside Tire Center. May 1992; Minutes of the April 9, 1992 Community Development Advisory Committee meeting; Agenda for May 21, 1992 Air Terminal Board meeting and minutes of its April 9: & -23,: ;1992 meetings; and Foster, Pepper & Shefelman newsletter; May 1992. 1/ 16 310 MAY 26, 1992 : 26. EXECUTIVE SESSION REGARDING PENDING LITIGATION Due to the lateness of the hour, no Executive Session was held. 27. ADJOURNMENT It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN THE MEETING. The motion carried by unanimous voice vote; Barnett absent. The meeting was adjourned at 6:15 P.M. Il i READ AND CERTIFIED ACCURATE BY: _ J\ ■ • Iirde COUNC ' MBER DATE CO 1. ILMEMBER DATE ATTEST: i - 6 - 6 - e gat V54 CITY CLERK MAYOR Minutes prepared by Clerk Harris 17